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Posted by Caroline Fass on October 25, 1999 at 20:23:43:

In Reply to: HELP PLEASE, JUDGE GRANTED SUMMARY JUDGEMENT FOR LANDLORD posted by Caroline Fass on October 25, 1999 at 19:39:29:

: THE CERTIFICATE OF OCCUPANCY IS FOR A 2 FAMILY HOUSE, THE MULTIPLE DWELLING REGISTRATION NUMBER IS FOR A THREE FAMILY HOUSE AND THE LANDLORD PUT 4 FAMILY HOUSE ON THE NOTICE OF PETITION. THIS HOUSE HAS VIOLATIONS THAT STATE IT IS A LEGAL THREE FAMILY AND THE JUDGE RULED THAT THE CERTIFICATE OF OCCUPANCY IS FOR A FOUR FAMILY HOUSE BECAUSE IT STATES "FOUR DWELLINGS". I PROVED THAT THERE WERE 4 APPLICATIONS MADE FOR 4 DIFFERENT HOUSES AND THAT EACH APPLICATION WAS FOR A 2 FAMILY HOUSE AND THE JUDGE STILL RULED FOR THE LANDLORD. WHICH COURT DO I GO TO TO FILE AN APPEAL. I LIVE IN FAR ROCKAWAY QUEENS.

THIS JUDGE RULED IN ERROR BECAUSE THE C/O STATES FOUR DWELLINGS AND ON THE BOTTOM IT STATES 4 APPLICATIONS. I KNOW I HAVE TO FILE AN APPEAL IN THE FIRST DEPARTMENT. THE JUDGE RULED THAT THERE WILL BE A TRAVERSE HEARING AND IF THE TRAVERSE HEARING IS FOUND FOR THE LANDLORD, THEN TENANT LOSES APT. BECAUSE THE C/O IS A FOUR FAMILY. HOW DO I TELL THE JUDGE THAT SHE WAS WRONG AND I HAVE PROOF THAT IT IS A TWO FAMILY C/O? SHE MADE THIS RULING ON 10/21 AND THE DEPT OF BLDGS CAME ON 10/22 AND THE THREE INSPECTORS TOLD THE LANDLORD IN FRONT OF ME THAT 4 APPLICATIONS ON A C/O MEANS THAT THIS C/O IS A TWO FAMILY AND 4 HOUSES WERE BUILT AT THE SAME TIME BY THE SAME PERSON. SO HOW COME THE JUDGE WAS STUPID AND CANT UNDERSTAND THAT 4 DWELLINGS MEANS 4 HOUSES AND NOT 4 FAMILY AND IT EVEN STATES ON BOTTOM OF THE C/O THAT THERE ARE 4 APPLICATIONS. PLEASE HELP ME. WE GO BACK ON COURT ON 11/4 IN QUEENS FOR TRAVERSE. IF WE LOSE TRAVERSE, WE LOSE APT. BASED UPON A STUPID JUDGE'S ERROR. CAN I MAKE A MOTION TO HAVE THE JUDGE DO AN INSPECTION? I HAVE NO REFRIGERATOR AND THE JUDGE SAID IT DOESNT MATTER. SHE STILL FINDS FOR THE LANDLORD. OR DO I HAVE TO FILE AN APPEAL AND IF SO DO I WAIT UNTIL AFTER THE TRAVERSE? OR CAN I MAKE A MOTION ON NOV 4 BEFORE THE LOWER COURT TO REVIEW MOTION PAPERS AND C/O AGAIN?

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: : THE CERTIFICATE OF OCCUPANCY IS FOR A 2 FAMILY HOUSE, THE MULTIPLE DWELLING REGISTRATION NUMBER IS FOR A THREE FAMILY HOUSE AND THE LANDLORD PUT 4 FAMILY HOUSE ON THE NOTICE OF PETITION.  THIS HOUSE HAS VIOLATIONS THAT STATE IT IS A LEGAL THREE FAMILY AND THE JUDGE RULED THAT THE CERTIFICATE OF OCCUPANCY IS FOR A FOUR FAMILY HOUSE BECAUSE IT STATES "FOUR DWELLINGS".  I PROVED THAT THERE WERE 4 APPLICATIONS MADE FOR 4 DIFFERENT HOUSES AND THAT EACH APPLICATION WAS FOR A 2 FAMILY HOUSE AND THE JUDGE STILL RULED FOR THE LANDLORD.  WHICH COURT DO I GO TO TO FILE AN APPEAL.  I LIVE IN FAR ROCKAWAY QUEENS.


: THIS JUDGE RULED IN ERROR BECAUSE THE C/O STATES FOUR DWELLINGS AND ON THE BOTTOM IT STATES 4 APPLICATIONS. I KNOW I HAVE TO FILE AN APPEAL IN THE FIRST DEPARTMENT.  THE JUDGE RULED THAT THERE WILL BE A TRAVERSE HEARING AND IF THE TRAVERSE HEARING IS FOUND FOR THE LANDLORD, THEN TENANT LOSES APT. BECAUSE THE C/O IS A FOUR FAMILY.  HOW DO I TELL THE JUDGE THAT SHE WAS WRONG AND I HAVE PROOF THAT IT IS A TWO FAMILY C/O?  SHE MADE THIS RULING ON 10/21 AND THE DEPT OF BLDGS CAME ON 10/22 AND THE THREE INSPECTORS TOLD THE LANDLORD IN FRONT OF ME THAT 4 APPLICATIONS ON A C/O MEANS THAT THIS C/O IS A TWO FAMILY AND 4 HOUSES WERE BUILT AT THE SAME TIME BY THE SAME PERSON. SO HOW COME THE JUDGE WAS STUPID AND CANT UNDERSTAND THAT 4 DWELLINGS MEANS 4 HOUSES AND NOT 4 FAMILY AND IT EVEN STATES ON BOTTOM OF THE C/O THAT THERE ARE 4 APPLICATIONS. PLEASE HELP ME. WE GO BACK ON COURT ON 11/4 IN QUEENS FOR TRAVERSE. IF WE LOSE TRAVERSE, WE LOSE APT. BASED UPON A STUPID JUDGE'S ERROR. CAN I MAKE A MOTION TO HAVE THE JUDGE DO AN INSPECTION?  I HAVE NO REFRIGERATOR AND THE JUDGE SAID IT DOESNT MATTER. SHE STILL FINDS FOR THE LANDLORD. OR DO I HAVE TO FILE AN APPEAL AND IF SO DO I WAIT UNTIL AFTER THE TRAVERSE? OR CAN I MAKE A MOTION ON NOV 4 BEFORE THE LOWER COURT TO REVIEW MOTION PAPERS AND C/O AGAIN?


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