Salazar v V. VKNC Realty LLC

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Salazar v V. VKNC Realty LLC 2021 NY Slip Op 32735(U) December 21, 2021 Supreme Court, New York County Docket Number: Index No. 158638/2021 Judge: Carol R. Edmead 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. [* 1] INDEX NO. 158638/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: 35 PART HON. CAROL EDMEAD Justice ----------------------------------------------------------------- ----------------X EDUARDO SALAZAR INDEX NO. MOTION DATE Plaintiff, MOTION SEQ. NO. 158638/2021 10/04/2021 001 - V - DECISION + ORDER ON MOTION V. VKNC REAL TY LLC, Defendant. ------------------------------------------------------------------- --------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 6 were read on this motion to/for JUDGMENT - MONEY WHEREAS, Petitioner Eduardo E. Salazar commenced this action against Respondent VKNC Realty LLC by Notice of Petition and Petition filed on September 20, 2021, and seeking a judgment of enforcement of a finding by the State of New York, Department of Housing and Community Renewal of a rent overcharge, and WHEREAS, in an administrative proceeding with the State of New York, Department of Housing and Community Renewal (DHCR), an Order Finding Rent Overcharge was entered in favor of the Petitioner Eduardo E. Salazar and against Respondent VKNC Realty LLC, on the 2181 day of August, 2020, in the sum of$ 174,668.16, and the Order was duly docketed with DHCR on August 21, 2020, and WHEREAS, Respondent VKNC Realty LLC in this proceeding owes the Petitioner Eduardo E. Salazar the sum of $174,668.16 plus interest arising out of the following DHCR Administrative Proceeding: 158638/2021 SALAZAR, EDUARDO vs. V. VKNC REAL TY LLC Motion No. 001 1 of 4 Page 1 of4 [* 2] INDEX NO. 158638/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2021 a. That Petitioner Eduardo E. Salazar filed a Rent Overcharge Complaint, Docket Number FP-410076-R on April 27, 2013, with the State of New York, Division of Housing and Community Renewal, Office of Rent Administration, and b. That on August 21, 2020, DHCR issued an Order Finding Rent Overcharge wherein the Rent Administrator found that subsequent to April 27, 2013, a rent overcharge occurred and directed that Respondent VKNC Realty LLC make a full payment to Petitioner Eduardo E. Salazar ofrents paid in excess of the legal regulated rent in the amount of $174,688.16, and c. That by Petition for Administrative Review ("PAR"), Docket No. IU410020R0, Respondent VKNC Realty LLC appealed the DHCR Order issued on August 21, 2020, and by Order and Opinion Denying Petition for Administrative Review dated March 10, 2021, Respondent's PAR application was denied, and WHEREAS, in correspondence dated May 18, 2021 to Jill H. Sussman, Esq., as legal counsel for Respondent VKNC Realty LLC, Petitioner Eduardo E. Salazar demanded full payment of the DHCR award of $174,618.16, to which Respondent failed to respond or pay, and WHEREAS, pursuant to CPLR§5227, the proceeding herein was commenced by Petitioner Eduardo E. Salazar against Respondent VKNC Realty LLC, is requesting that this Court issue and enter a judgment against Respondent VKNC Realty LLC, herein, and in favor of Petitioner Eduardo E. Salazar herein, and WHEREAS, in the Order and Opinion dated March 10, 2021, Respondent VKNC Realty LLC was given written notification of it's right to appeal the March 10, 2021 denial of its PAR application by filing an Article 78 Proceeding in the Supreme Court of the State of New York 158638/2021 SALAZAR, EDUARDO vs. V. VKNC REAL TY LLC Motion No. 001 2 of 4 Page 2 of 4 [* 3] INDEX NO. 158638/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2021 within 60 days of the issuance of the Deputy Commissioner's Order, and that no such appeal was filed by Respondent, and the statute of limitation has expired, and WHEREAS, proof of service of the Petition having been served upon Respondent VKNC Realty LLC, was duly filed with the Court, and WHEREAS, the Court having determined it has jurisdiction and held a hearing on said Petition on November 16, 2021, and WHEREAS, no one having appeared on behalf of Respondent VKNC Realty LLC, and WHEREAS, the Court having determined that Petitioner Eduardo E. Salazar should be granted the relief requested in said Petition, and WHEREAS, the Court having determined that Respondent VKNC Realty LLC has failed to pay to Petitioner Eduardo E. Salazar the DHCR award of $174,618.16, and WHEREAS, the Court having determined that Respondent VKNC Realty LLC should pay the DHCR award of $174,618.16 and that said monies should be paid to Petitioner Eduardo E. Salazar, it is hereby ordered as follows: ORDERED, that Respondent VKNC Realty LLC is indebted to Petitioner Eduardo E. Salazar in the amount of $174,618.16 pursuant to an award by the State of New York, Division of Housing and Community Renewal Order Finding Rent Overcharge, Docket Number FP-4100 76R dated April 27, 2013; and it is further 158638/2021 SALAZAR, EDUARDO vs. V. VKNC REAL TY LLC Motion No. 001 3 of 4 Page 3 of 4 [* 4] INDEX NO. 158638/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2021 ORDERED, that Petitioner Salazar is awarded interest from August 21, 2020 to ______ at the statutory amount of 9% per annum, totaling _______ ; and it is further ORDERED, that the Clerk of the Court shall enter judgment in favor of Petitioner Eduardo E. Salazar in the amount of $174,668.16, with interest from August 21, 2020, the date of the issuance of the Order Finding Rent Overcharges at the statutory amount of 9%, to be calculated by the Clerk, and that a judgment in the sum total of $_ _ _ _ _ _ _be issued forthwith; and it is further. ORDERED, that the attorney for Petitioner Eduardo E. Salazar, shall serve a copy of this Order upon all parties entitled to notice within ten ( 10) days. This constitutes the Order of this Court. 12/21/2021 DATE CHECK ONE: CAROL EDMEAD, J.S.C. CASE DISPOSED GRANTED • DENIED APPLICATION: SETTLE ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN 158638/2021 SALAZAR, EDUARDO vs. V. VKNC REAL TY LLC Motion No. 001 4 of 4 ~ NON-FINAL DISPOSITION GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT • • OTHER REFERENCE Page4 of 4

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