In May 2018, the Appellate Division affirmed the 5/8/17 order, reasoning that Crisafulli failed to appeal from the 12/15/16 order and that she was "collaterally estopped from relitigating the issue of the validity of the proprietary lease and stock certificate" (Doc. She alleged, inter alia, that based on the prior issuance of the proprietary lease and the stock certificate, she owned the apartment (Doc. On or about December 12, 2016, Crisafulli commenced the instant action (Doc. 93).Īlthough the copy of this Order was not legible in the NYSCEF system, defendant provided the Court with a legible copy. By order dated Decem("the 12/15/16 order"), the Housing Court rejected the argument about the stock certificate and proprietary lease, finding that this was irrelevant since it was well-established that the documents had been issued in error (Doc. In opposition to Crisafulli's order to show cause, Southbridge argued, inter alia, that the stock certificate and proprietary lease were inadvertently sent to Crisafulli and that she failed to set forth a reasonable excuse and a meritorious defense for her default (Doc. She claimed that Southbridge notified her in February 2015 that the apartment was being converted into a privately owned cooperative and that she received a proprietary lease and stock certificate for her shares in January 2016 (Doc. With respect to her argument about ownership, Crisafulli claimed to have participated in a vote to convert the apartment building from a Mitchell Lama Housing Complex into a privately owned cooperative in December 2014 (Doc 90). Crisafulli argued, inter alia, that her prior defaults were due to the ineffective assistance of her former counsel and that she was vested with new ownership rights that warranted a stay of the judgment of eviction (Doc. However, days prior to the scheduled eviction, Crisafulli moved, by order to show cause, to stay the execution of the eviction and vacate the judgment (Doc. Southbridge served Crisafulli with a notice of eviction on or about Novem(Doc. 88).Ĭrisafulli filed a notice of appeal and was granted a stay of the eviction proceedings in the Appellate Term, but, given her failure to perfect the appeal, the Appellate Term lifted the stay of the execution of the warrant of eviction on J(Doc. The Housing Court held, inter alia, that Crisafulli should have moved to vacate the default or the striking of the answer pursuant to CPLR 5015 (a) (Doc. 87).Ĭrisafulli filed a motion to renew or reargue, which the Housing Court denied by order dated Decem("the 12/3/14 order") (Doc. Following the inquest, the court held, by order dated Octo("the 10/16/14 order), that Crisafulli had violated the occupancy agreement and had no right to continue to reside as a tenant in the apartment (Docs. By order dated Octo("the 10/14/14 order"), the Housing Court (Saxe, H.C.J.) struck Crisafulli' s answer for failure to comply with Southbridge's various discovery demands, and the matter was scheduled for an inquest (Doc. Southbridge alleged, inter alia, that Crisafulli was not living in the apartment and was instead assigning and/or subletting it in violation of her lease agreement (Doc. In February 2014, Southbridge initiated a holdover proceeding against Crisafulli in the Civil Court of the City of New York ("the Housing Court") for alleged violations of her lease agreement with respect to an apartment located at 90 Beekman Street, Apartment 7H, New York, New York ("the apartment") (Doc. Additional relevant facts are set forth below. ![]() The underlying facts of this matter are set forth in detail in the 5/8/17 order (Doc. After oral argument and a review of the parties' papers and the relevant statutes and caselaw, the motion is denied. ![]() S.C.) dismissed the complaint against Southbridge with prejudice, reasoning, inter alia, that Crisafulli failed to set forth specific allegations to establish each and every element of any of the causes of action set forth in her complaint (Doc. ![]() By order entered ("the 5/8/17 order"), this Court (Edwards, J. ("Southbridge") to dismiss the complaint pursuant to CPLR 3211 (a) (7) (motion sequence 001) ("the underlying motion") (Docs. In this declaratory judgment action, plaintiff Pauline Crisafulli ("Crisafulli") moves, pursuant to CPLR 2221 (e), to renew a prior motion by defendant Southbridge Towers, Inc.
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