Defresco v 254 Pas Prop., LLC

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Defresco v 254 Pas Prop., LLC 2018 NY Slip Op 32237(U) September 11, 2018 Supreme Court, New York County Docket Number: 103364/2011 Judge: Debra A. James Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 09/12/2018 11:45 AM INDEX NO. 103364/2011 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/12/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. DEBRA A. JAMES IAS MOTION 59EFM Justice --------------------------------------------------------------------------------)( 103364/2011 INDEX NO. SUSAN DEFRESCO, 09/11/2018 MOTION DATE Plaintiff, 005 MOTION SEQ. NO. -v254 PAS PROPERTY, LLC and PENMARK REALTY CORP. ORDER Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 005) 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 30 were read on th is motion to/for ENFORCE/EXEC JUDGMENT OR ORDER Upon the foregoing documents, it is This matter having come on before this court on September 11 , 2018 , on the order to show cause of the defendants for an order directing plaintiff to comply with the order dated February 2, 2012 (filed on February 22, 2012) of this court and the defendants having been represented in connection therewith by Philip A. Scultze, Esq., GARTNER & BLOOM, pro se pursuant (representing to CPLR 4317, herself) the in court P.C. and the plaintiff connection having on therewith its .own and, motion determined to consider the appointment of a referee to determine as follows, and it appearing to the court that a reference determine is proper and appropriate pursuant to CPLR 4317 (b) to in that an examination of a long account will be required, it is now hereby 103364/2011 DEFRESCO, SUSAN vs. 254 PAS PROPERTY, LLC Motion No. 005 1 of 4 Page 1of4 [*FILED: 2] NEW YORK COUNTY CLERK 09/12/2018 11:45 AM INDEX NO. 103364/2011 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/12/2018 ORDERED that a Judici~l Hearing Officer ("JHO") or Special Referee shall be designated to determine the following individual issues of fact, which are hereby submitted to the JHO/Special Referee for such purpose: the issue of the amount of outstanding rent, pendent lite, from the Order entered on February 22, 2012 to date under any lease or renewal lease pertaining to 254 Park Avenue South, Unit 9P, New York, New York that plaintiff owes defendant; and it is further ORDERED that the powers of the JHO/Special Referee shall not be limited beyond the limitations set forth in the CPLR: and it is further ORDERED that this matter is hereby referred to the Special Refe~ee Clerk (Room 119, 646-386-3028 or spref@nycourts.gov) for placement at the earliest possible date upon the calendar of the Special Referees Part Rules of that Part at (Part SRP), this JHO/Special matter in accordance with the (which are posted on the website of this court www. nycourts. gov I supctmanh assign which, at the at the initial Referee to determine as "References" appearance to link), an specified above; shall available and it is further ORDERED that counsel and plaintiff shall immediately consult one another and counsel for defendant, within 15 days from the 103364/2011 DEFRESCO, SUSAN vs. 254 PAS PROPERTY, LLC Motion No. 005 2 of 4 Page 2of4 [*FILED: 3] NEW YORK COUNTY CLERK 09/12/2018 11:45 AM INDEX NO. 103364/2011 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/12/2018 date of this Order, (212-401-9186) "References" submit to the Special Referee Clerk by fax or e-mail an Information Sheet link on for the court's therein website) and that, (accessible at the containing as soon as all the information called practical thereafter, the Special Referee Clerk shall advise any party and counsel for the parties of the date fixed for the appearance of the matter upon the calendar of the Special Referees Part; and it is further ORDERED that the parties shall appear for the reference hearing, including with all witnesses and evidence they seek to present, and shall be ready to proceed with the hearing, on the date fixed by the Special Referee Clerk for the initial appearance in the Special Referees Part, subject only to any adjournment that may be authorized by the Special Referees Part in accordance with the Rules of that Part; and it is further ORDERED that, except as otherwise directed by the assigned JHO/Special Referee for good cause shown, the trial of the issue(s) specified above shall proceed from day to day until completion and . counsel must arrange their schedules and those of their witnesses. accordingly; and it is further ORDERED that counsel shall file memoranda or other documents directed to the assigned JHO/Special Referee in accordance with the Uniform Rules of the Judicial Hearing Officers and the Special Referees (available at the "References" 103364/2011 DEFRESCO, SUSAN vs. 254 PAS PROPERTY LLC . No. 005 ' Motion 3 of 4 link on the court's Page 3of4 [*FILED: 4] NEW YORK COUNTY CLERK 09/12/2018 11:45 AM INDEX NO. 103364/2011 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/12/2018 website)_ by filing same with the New York State Courts Electronic Filing System (see Rule 2 of the Uniform Rules); and it is further ORDERED that within thirty (30) days of the filing of the decision of the Special Referee under CPLR § 4319, plaintiff shall tender to defendants in certified funds or money order the amount of rent determined to be owed under in such decision; and it is further ORDERED that plaintiff and counsel for defendants are directed to appear in IAS Part 59, Room 331, 60 Centre Street for a compliance conference on November 27, 2018, 2:30 PM. 9/11/2018 DATE CHECK ONE: DEBRA A. JAMES, J.S.C. CASE DISPOSED GRANTED D DENIED x x NON-FINAL DISPOSITION GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 103364/2011 DEFRESCO, SUSAN vs. 254 PAS PROPERTY, LLC Motion No. 005 4 of 4 D 0 OTHER REFERENCE Page 4 of 4

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