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landlord and tenants - nyc

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J

junia

Guest
I am at my wits end with the legal system and hoping I can receive some sound advice.

On or about dec. 99 I received a petition from my building management/their attorney to appear in court for "repair" -- all that was mentioned in the petition. I tried to contact my management to find out what was going on. Needless to say they never called back. The next day I went down to the court house and received some help from over worked understaff legal aid service provided by the system. I also talked with other people and they were also helpful in preparing the answer/motion..... I was given a court date, 12/20/99 @ 2:00 p.m., I was punctual and scared. Which I know they were banking on, playing on people's ignorance of the law?. The attorney for the other side was all over the court house and he was informed by his subordinates that the case needed his attention. Counsel showed up after 5:00 p.m. right after the judge signed the dismissal papers and put the papers away.

On March 16, I received a "three day notice" letter form from my management stating that I was in arrears for march 2000. About a few days later, I received a petition to appear in court, otherwise I will be evicted for nonpayment of my march rent. I since received my bank statement showing that my check was cashed on the March 14. Again I went down to the court house receive some advice, such as bring my canceled checks for the past 6-12 months. I went up to the other part of the court, received a court date to appear on the 11th of April. I did. When I spoke in the hallway with the para/junior person from the law firm representing the building management, she was also perplexed as to this action of petition for non payment. She proceeded by calling her supervisor, senior attorn/owner, he was in a different court room, I waited he eventually showed up and he requested a "conference" with the judge. The judge ask what was the story. Counsel quoted the old case knowing well that the case was dismissed. I told the judge that the case at hand had nothing to do with the old case. This case as a different number.... The judge emphatically refused to look at the petition for nonpayment of march rent, instead, he insisted on talking about the old case, which was dismissed. He insisted on having a trial on the 8th of May. Where do I go from here, obviously I am so upset about this whole thing that here it is 3:00 am I can't sleep because of this case. I can't afford an attorney. I am afraid that on the 8th the same judge is going to be there, and he will vote in favor of this attorney, although from I have been told what he did was not legal. A case dismissed cannot be reopened.

Please let me know what my options are and also was the judge wrong in wanting to reopen the case? thank you.

[email protected]
 


T

Tracey

Guest
When you go to court, take all the stuff you have from the 1st suit, including a court certified copy of the dismissal order. You'll probably have to pay a few $$ for the copy. Take a certified copy of the 1st complaint too.

Ask the judge why he can overrule the other judge's dismissal order. (Ask very nicely, not confrontationally. Be puzzled and blond. :) )

Take along your rent check showing that the check was cashed on 3/14/00 and they gave you a 3-day notice 2 days later, and filed an eviction complaint 5 days after cashing the check. Ask for attorney fees for wrongful eviction and for sanctions under Rule 11. (The atty filed an action he knew or should have known had no basis in fact or law.)

Talk to the local tenant's association -- they can give you a copy of the landlord tenant act/ordinance in NYC. Highlight the portions that show the other atty is acting illegally.

You might want to file the motions for attorney fees and sanctions in writing before the hearing. The legal aid society can probably help you draft it.

It would be best if you got a lawyer. You mnight be able to find one who will work pro bono or take a small fee up front in hopes of being paid by the other side.

It's obvious management wants you out. Why not offer to move if they pay you $400 + a full refund of your security deposit?


Good luck,
Tracey


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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