| Delman, LLC v Hamza Sehat Ozcan |
| Motion No: 2015-01367 KC |
| Slip Opinion No: 2016 NY Slip Op 71586(U) |
| Decided on April 21, 2016 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
ORDER TO SHOW CAUSE
| Delman, LLC, Respondent, v Hamza Sehat Ozcan, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 5, 2015. The order denied appellant's motion, in effect, to stay the execution of the warrant in a nonpayment summary proceeding. Appellant has submitted undisputed proof that a new lease was executed effective June 1, 2015.
On the court's own motion, it is
ORDERED that the parties are directed to show cause before this court why the order of the Civil Court entered June 5, 2015 should or should not be summarily reversed on the ground that, by executing the new lease, respondent vitiated the warrant and waived the right to evict appellant based on a default under the prior lease (see Matter of Stepping Stones Assoc. v Seymour, 48 AD3d 581 [2008]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 12, 2016; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on appellant and on respondent's attorney by regular mail.
ENTER:
Paul Kenny
Chief Clerk