Edwards v Blue Moon 24 LLC

Civil Court of the City of New York, Kings County

Decided on April 8, 2026

Index No. LT-001202-25/KI

Enedina Pilar Sanchez, J.

NYSCEF Doc. No. 2 - 18

Petitioner commenced this HP proceeding seeking an Order to Correct. Respondent appeared by counsel on May 20, 2025, and uploaded the Notice of Appearance to NYSCEF. On June 16, 2025, a Default Order to Correct and Notice of Violation was issued. Notice of Entry with a copy of the Order to Correct and the violation status report were served and uploaded to NYSCEF.

In July 2025 Petitioner filed an Order to Show Cause (Motion Seq. No.2) seeking to restore the proceeding to the calendar for compliance and assessment of civil penalties. The Order to Show Cause was uploaded to NYSCEF. The case was adjourned for Respondent to file opposition papers. The jurisdictional dispute was resolved, and access dates were identified for the repairs to commence and correct the housing code violations.

Respondent filed a Notice of Motion (Motion Seq. No. 3) seeking to vacate the Default Order to Correct for lack of notice of the court date. Respondent also seeks an order tolling the time to make repairs. Respondent alleges that Petitioner does not give access and does not cooperate with the repair crew. After Respondent's motion was filed, the parties agreed to additional access dates. On the adjourned date, however, Petitioner did not appear, and the motions was marked submitted.

Discussion and Conclusion

Before the court there are two motions: Petitioner's Order to Show Cause for compliance and assessment of civil penalties and Respondent's Notice of Motion to vacate the Default Order to Correct and suspend the timeframe to comply with the Order to Correct.

The court takes judicial notice of the outstanding violations in the subject premises. A violation summary report available on the website of the Department of Housing Preservation and Development ("HPD") and admissible pursuant to CPLR Rule 4518(c) and MDL §328(3), shows 12 violations of the Housing Maintenance Code issued in the subject premises. When the Default Order to Correct was issued, there were 18 violations in the subject premises.

The current violation summary report shows 12 violations, and this would indicate that there has been collaboration between the parties to address conditions in Apartment 4B. The building wide violation summary report notes a recurring condition of infestation of roaches and mice. It is noted that such conditions are violations in other units in the building. As such, the court does not accept Respondent's argument as conclusive evidence that Petitioner is not [*2]cooperating regarding correcting the housing code violations.

Regarding the application to vacate the Default Order to Correct based upon lack of notice, as argued in Respondent's Affirmation, the request is denied. This case was commenced as a "paper" case by a pro se litigant, it is immediately converted to an electronic case. This means that all documents are uploaded to NYSCEF and the attorneys who have provided his/her information are electronically notified every time a document is uploaded. The papers filed by Petitioner prior to the Default Order to Correct and the Order were uploaded to NYSCEF and automatically emailed to the participating attorney who provided their email. Here, the NYSCEF Confirmation Notice shows an email address provided by counsel upon uploading the Notice of Appearance. An attorney who participates in the court's electronic filing system, as has occurred here, receives emails whenever a document is uploaded to NYSCEF and is therefore on notice.

Accordingly, Petitioner's Order to Show Cause (Motion Seq. No. 2) for compliance and assessment of civil penalties was denied for her failure to appear.

Respondent's Notice of Motion (Motion Seq. No. 3) is denied to the extent the Default Order to Correct is not vacated for lack of notice. Respondent, however, retains all the defenses available pursuant to NYC Administrative Code §27-2116 and may assert such defenses at the appropriate time if HPD were to seek civil penalties. This issue is not before the court.

This Decision/Order will be filed to NYSCEF, and a copy is to be mailed to Petitioner.

This is the Decision/Order of the court.

Date: April 8, 2026

Hon. Enedina Pilar Sanchez

Housing Court Judge