Plaintiff City of New York (City) brought this action to enforce penalties against defendant Jeanette Jimenez ordered by the Environmental Control Board of the New York City Office of Administrative Trials and Hearings (OATH). Under the OATH determinations, Jimenez must pay the City a total of $210,000 in penalties for three New York City Construction Code violations on which OATH found her liable. Jimenez, in turn, brought a third-party action against two individuals to whom she had sold the property, alleging that the sale contract made those individuals, not her, responsible for those penalties. (See NYSCEF No. 29.)

In early February 2021, this court granted the City's summary-judgment motion seeking enforcement against Jimenez of the OATH penalties, plus interest, costs, and disbursements.^[FN1] (NYSCEF No. 53.) Jimenez then moved for summary judgment on her third-party claims. This court denied the motion without prejudice because she denominated defendants differently in the captions of her third-party complaint and notice of motion. (See NYSCEF No. 71; compare NYSCEF No. 29 [third-party summons and complaint]; with NYSCEF No. 57 [notice of motion].)

In June 2022, Jimenez brought on the current motion by order to show cause. Jimenez seeks to obtain renewal of this court's order on the City's summary-judgment motion, and vacatur of the money judgment entered by the County Clerk; cancellation of a scheduled sheriff's sale of her property to satisfy the judgment; and leave to amend the caption of the third-party complaint. (See NYSCEF No. 72.) Jimenez's proposed order to show cause also requested, and this court granted, a temporary stay of the sheriff's sale pending the court's hearing of the current motion. (See NYSCEF No. 72 at 2; NYSCEF No. 92 at 2.) Jimenez's motion is granted in part and denied in part.

Jimenez's request for renewal seeks (i) a reduction in the amount of the penalty assessed per violation; and (ii) a reduction in the number of violations from three to one, on the ground that the three violations are duplicative.

With respect to the reduction in the per-penalty amount, the City does not dispute that because the three underlying violations have since been cured, the penalty for each violation should be reduced from $70,000 to $57,500. Nor does the City object to this court's granting renewal to reduce the amount awarded against Jimenez to reflect this reduction. This aspect of Jimenez's motion is granted.

The court reaches a different conclusion with respect to the reduction in the number of penalties. Jimenez did not raise this issue on the prior motion; and she fails now to provide a reasonable justification for not doing so. In any event, this court is not persuaded by Jimenez's current showing in support of her argument that the three violations are duplicative of one another. This aspect of Jimenez's motion is denied.

Jimenez seeks cancellation of the sheriff's sale of her property because that sale was not scheduled pursuant to an order issued in a special proceeding filed in the correct county, as required by CPLR 5206 (e). The City does not oppose this branch of Jimenez's motion. This court agrees with Jimenez that the sale should be cancelled.

The City also does not oppose Jimenez's request for leave to amend her third-party summons and complaint to correct the listing of the third-party defendants' names in the caption. [*2]This branch of Jimenez's motion is granted without opposition.

Accordingly, it is

ORDERED that the branch of Jimenez's motion seeking renewal of this court's order entered February 10, 2021, with respect to the amounts awarded against Jimenez for each violation found by OATH is granted, and the amount awarded for each penalty is reduced from $70,000 to $57,500; and it is further

ORDERED that the branch of Jimenez's motion seeking renewal of this court's order entered February 10, 2021, with respect to the number of violations is denied; and it is further

ORDERED that the City is awarded a judgment against Jimenez of $172,500, with interest running from July 23, 2018, plus costs and disbursements; and it is further

ORDERED that the judgment against Jimenez entered by the County Clerk on March 3, 2021, is vacated; and it is further

ORDERED that the branch of Jimenez's motion seeking cancellation of the sheriff's sale is granted, and the sheriff's sale for the property located at 51 Ashford Street, Brooklyn, NY 11207, previously scheduled for July 6, 2022, is cancelled, without prejudice to its being rescheduled pursuant to an order entered in a properly commenced CPLR 5206 (e) special proceeding; and it is further

ORDERED that the branch of Jimenez's motion seeking leave to amend the third-party summons and complaint is granted, and the third-party summons and complaint shall be deemed amended in the form appearing at NYSCEF No. 89 upon service of a copy of this order with notice of its entry; and it is further

ORDERED that Jimenez serve notice of entry on the City; on the third-party defendants by certified mail, return receipt requested, directed to their last-known addresses; on nonparty Robertson, Anschutz, Schneid, Crane & Partners, PLLC; on the office of the General Clerk, which shall update its records accordingly; and on the office of the County Clerk, which shall update its records and grant judgment accordingly.