2006 New York Code - Stay Of Accumulation Of Per Diem Penalties During Pendency Of Action.

 
    §  27-2117  Stay of accumulation of per diem penalties during pendency
  of action. (a) In any action  for  penalties  under  this  article,  the
  defendant may move at any time before the trial of the case for an order
  to  stay  the  further accumulation of the per diem penalty from the day
  the action is commenced until the same is finally terminated by judgment
  or otherwise, including the time  necessary  for  judicial  review.  The
  housing  part of the civil court shall grant the motion if the defendant
  shows to the satisfaction of the court that there is a  substantial  and
  real  issue  of  fact  or  law concerning the existence of the violation
  charged. The court may impose such conditions on  the  granting  of  the
  motion as justice may require.
    (b) Nothing in this article shall prevent an owner from contesting the
  finding of a violation by the department, in advance of the department's
  action  for the collection of penalties in the housing part of the civil
  court of the city of New York or by any other means provided by law.  In
  any   such  action  or  proceeding,  the  court  may  stay  the  further
  accumulation of the per diem penalty in the same manner  and  under  the
  same conditions as provided in subdivision (a) of this section.