Court Gives Tenant More Time to Seek Pre-Trial Questioning After ERAP Appeal Denied

Landlord sued to evict tenant for nonpayment of rent. Tenant showed that she had filed an appeal of OTDA's denial of her application to the Emergency Rental Assistance Program (ERAP). This stayed the eviction proceeding. After tenant's ERAP appeal was denied, landlord asked the court to restore the proceeding to its calendar and vacate the ERAP stay. Tenant, in turn, asked the court to order another briefing schedule regarding an objection to personal jurisdiction she had raised previously with the court. Landlord pointed out that the court already had issued a briefing schedule five months earlier and any request from tenant had been due three and a half months before now. The court agreed with landlord, noting that the automatic ERAP stay didn't relieve tenant from statutory deadlines on court orders like briefing schedules for motions. But the court ordered a final briefing schedule to allow tenant to make her motion for discovery in the interests of justice and substantive fairness.

Broadway Bretton Inc. v. Doe: Index No. 312512-22, NYLJ No. 1686054108 (Civ. Ct. NY; 6/5/23; Bacdayan, J)