Adult Care Facility
Civil Court of the City of New York
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
Village Housing Development Fund Corporation, d/b/a VillageCare at 46 & Ten
Sikowitz, Marcia J.
Post-judgment Motion by Landlord
Judgment for Tenant
Tenant Substantially Won
This nuisance dispute entails allegations that respondent smokes in his room and other non-designated smoking areas, violating the premises rules and NY State laws. The matter was settled previously in November, 2019, when parties agreed to a six month probationary period. Petitioner alleges respondent defaulted by smoking in his room within the six month probationary period, and motions to restore the proceeding to the calendar for trial. Respondent opposes the motion because the deadline to restore has passed and the motion is not supported by an affidavit from someone with personal knowledge of the incident(s). For the latter reason, court denies petitioner's motion to restore the proceeding for trial.
"Village Housing Development Fund Corp. v. Gadson" (2021). All Decisions. 36.