| Dara Realty Assoc. v Lyudmila Musheyev, Tenant, & Albert Musheyev |
| Motion No: 2014-01469 QC |
| Slip Opinion No: 2017 NY Slip Op 67473(U) |
| Decided on March 9, 2017 |
| 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
DAVID ELLIOT, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Dara Realty Associates, Respondent, v Lyudmila Musheyev, Tenant, and Albert Musheyev, Appellant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Queens County, dated July 1, 2014, which was determined by decision and order of this court dated June 23, 2016, for an order, among other things, holding respondent in violation of a Civil Court stipulation dated February 3, 2014 for failure to make required repairs, and awarding appellant a rent abatement. Separate motion by respondent for an order directing the release to respondent of funds on deposit.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion and respondent's motion are denied without prejudice to the parties seeking relief in the Civil Court.
In view of appellant's assertions regarding respondent's failure to make the repairs required by the so-ordered Civil Court stipulation, the motions must be addressed to the Civil Court, which can hold a hearing to determine the appropriate amount of an abatement, if any.
ENTER:
Paul Kenny
Chief Clerk