159 Bay Realty LLC v Sadiq

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159 Bay Realty LLC v Sadiq 2021 NY Slip Op 32744(U) December 21, 2021 Supreme Court, Kings County Docket Number: Index No. 50519/21 Judge: Leon Ruchelsman 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] KINGS COUNTY CLERK 12/21/2021 12:05 PM INDEX NO. 505019/2021 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 12/21/2021 OF THE STATE OF NEW YORK OF KINGS : CIVIL TE:RM: COMMERCIAL PA!\'I' ~------- -------- -------- ---~--- -------- -x SUPR~ME COURT CbUNTY 8 159 BAY REALTY LLC, Plaintif f, - against - Decis.ion q:nd order Itidex ~6. 505Ql9/2 1 NASIM SADIQ and NASIM FIRDOUS, BAY PARKWAY .DELI 4.TROC.ERY CORP., And XYZ CORP., said corpora te name being ±i~titio us, · · DE!.fenq9-11ts, __ . Decembe r 21, 2021 ---- .---- -----. ------ --.----- -~ - .. X PRESENT: HON. L;EON RUq-i.EL9MAN The pla.intif f. has moved ..-seeking a hearing whether the defenc;l.a nt's COVID hardship declara tion is v_a:lid. Further , the plaintif f has moved seeking to rearg_v.e a d.~.ci-s.ion of the co.urt dated J1,;1l_y 1.5, 2021 which denied .a request fof conteillp t. L_astly, the plainti ff s.e.ek_ 9 an order the "de.fenda nts owe r·ent and attorney 's fees·. ·The def,enda pts _oppose. the motion. su,l:Jmitte d. by the p.arties ...and arg.umen ts h-eld. Pap:ers were After :i;-~vi-ewing all th.e a·rgumen ts t_his court n-ow ·makes the =followin g determi. rtation .. As recorded i-ri p-iior orders,. o.n July 3'1, .2019 the p"laipti.t "f, owner -of property loc-atec:i at. -217"1 Bath -Avenue, within propert y i.ocated at 8758 Bay Parkway in Kings County, entered .into a lea-se with- the defendan ts-. ·:This· lawsuit was -commenc ed -alleging the defenda nts failecl. to. :maintai n adequate llabilit y insuranc e,. -Furthe·r , the ·complai nt alleges the defimclan t,: owes bac:k rent in the sum of $62, 127. Subsequ ent to. the filing of the complai nt the· court orderec:i the defendan "ts to obtain insu:ranc e and tequi,red 1 of 4 [*FILED: 2] KINGS COUNTY CLERK 12/21/2021 12:05 PM NYSCEF DOC. NO. 79 INDEX NO. 505019/2021 RECEIVED NYSCEF: 12/21/2021 the defenda nts to pay- .a ce.rtaih sum: of rent each rnOhtb. On March 3, 2021 t_he_ court signed. an o·rder to show taus·e which ordered that ''pending · the hearing of ·1:his mo:tion'' the def·enda nts were required to pay a sum certain in rent e·ach month and the sum of $:62; 127 for past rent owe.d. The defenda nts have not paid the past rent owed ;;ind· the court denied the request seeking to· hold th,e defendan t in contemp t. The plainti ff hp.s now moved .see.king the reliefs noted. Conclus ions a£ Law Fir=st, the re.qµest s.e·eking a hearing to challeng e the COVID h.a-;i;dshi p .declara tion is g.r.anted. The parties will be notified of the date tor such hearing . Ttirnihg to· the motion to reargue the denial of contemp t, the plainti ff has not raised any new argumet1. t or any argumen t the court's determin c3.tion was incorrec t, simply made the same argumen t$ that order, Rather; the plainti ff ha.s were rejected in the prior The language of the orde.r upon which the plainti ff seeks con:terrip t wa·s containe d in an order to show cause. AS. previou sly held, that is an imprope r basis 1.1pori which to seek contemp t, Next, the defenda nts will have five days from receipt o.f this order in. which to present the lanc:Uor d with proof of adequate a valid Commerc ial General Liabi.Li, ty Insuranc e Policy, which includes coverage of $1, o:oOr,_ 000 for one person, $.1, ODO, 000 for lone acciden t and $50,000 fqr p..J;"ope_rty damage, insuring the 2 2 of 4 [*FILED: 3] KINGS COUNTY CLERK 12/21/2021 12:05 PM NYSCEF DOC. NO. 79 INDEX NO. 505019/2021 RECEIVED NYSCEF: 12/21/2021 landlor d and tenant agains t such liabil ity as well as fire/th eft insuran ce for. tli.e premis es and demon strating proof require d premium s. of paymen t of Furthe r, the insuran ce polici es noted must be in the names of the tenant s Nasim Sadiq and Nasim Firduo us. The failure to procur e all the necess ary insuran ce in the proper names withing five ·days of receip t of this order will consti tute a wilful violati on of a court order and can subjec t the defend ants to sanctio ns. Moreov er, the failure to presen t all such insuran ce will be a violat ion of the lease and will permit the landlo rd to take approp riate action in that regard . No excuse will be tolerat ed and no delay will be excuse q. Next, beginn ing January 2022, subjec t to the COVID hardsh ip hearing , the use and occupa ncy that must be paid by the defend ants shall b~ $4,986 .23 for each month. This amends any previo us order requiri ng a monthl y paymen t of $2,500 . monthly amount will be $4,986 .23. The new Agaih, the failure to timely pay this amount , subjec t to the COVID hardshi p hearing , each month shall consti tute a wilful viola,t ion of a court order and can -subjec t the defend ants to sanctio ns. Next, the defend ants disput e th~y owe $ 92, 286 .. 9:2 or any arnount of bank rent. They assert the lease guaran tees two free months o.f rent each year. These matter s will be decide d at a hearing and will coincid e with the COVID hardshi p hearin g. Thus, the COVID hardsh ip hearing will also evalua te the claims .of bank 3 3 of 4 [*FILED: 4] KINGS COUNTY CLERK 12/21/2021 12:05 PM NYSCEF DOC. NO. 79 rent owed. INDEX NO. 505019/2021 RECEIVED NYSCEF: 12/21/2021 Likew ise, the reque st seeki ng attor ney's fees is grant ed and the prope r amoun t will be decid ed at the heari ng. Lastl y, this decis ion, in no way alter s the notic e of evict ion &1£ea dy grant ed. As long as the morat orium temai ns in place , subje ct to the COVID hards hip heari ng the defen dants must pay rent in the amoun t of $4,98 6.23 for each month . So order ed. ENTER: . ~ P' lt DATED: Decem ber 21, 2021 Brook lyn, N.Y. Hon. Leon Ruche lsman JSC 4 4 of 4

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