Busbee v. Higgins

Appellate Division of the Supreme Court of New York

Busbee v. Higgins

221 A.D.2d 177, 633 N.Y.S.2d 298, 1995 N.Y. App. Div. LEXIS 11530

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 1995·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered January 3, 1994, which denied respondent-appellant’s motion to renew with respect to two prior orders of the same court and Justice entered February 21, 1991 and March 25, 1992, which had, in pertinent part, deemed petitioner’s Fair Market Rent Appeal to be timely filed, unanimously affirmed, without costs.

The court properly exercised its discretion in denying respondent-appellant-landlord’s motion to renew as movant failed to offer a reasonable excuse for not previously submitting to respondent Division of Housing and Community Renewal its DC-2 form in conjunction with petitioner’s Fair Market Rent Appeal (see, Foley v Roche, 68 AD2d 558, 568). The form was ultimately located in landlord’s own stored file. This proceeding has now been pending since 1984. It is time for it to be put to rest. Concur—Rosenberger, J. P., Rubin, Kupferman and Williams, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered January 3, 1994, which denied respondent-appellant’s motion to renew with respect to two prior orders of the same court and Justice entered February 21, 1991 and March 25, 1992, which had, in pertinent part, deemed petitioner’s Fair Market Rent Appeal to be timely filed, unanimously affirmed, without costs.

The court properly exercised its discretion in denying respondent-appellant-landlord’s motion to renew as movant failed to offer a reasonable excuse for not previously submitting to respondent Division of Housing and Community Renewal its DC-2 form in conjunction with petitioner’s Fair Market Rent Appeal (see, Foley v Roche, 68 AD2d 558, 568). The form was ultimately located in landlord’s own stored file. This proceeding has now been pending since 1984. It is time for it to be put to rest. Concur—Rosenberger, J. P., Rubin, Kupferman and Williams, JJ.

Busbee v. Higgins, 221 A.D.2d 177, 633 N.Y.S.2d 298, 1995 N.Y. App. Div. LEXIS 11530 (N.Y. Ct. App. 1995).

Pincite

221 A.D.2d 177 (Busbee v. Higgins) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related