CPLR

Question 1

R ____. Relief from judgment or order

(a) On Motion. Relief from an order upon _______, on motion of any interested person with such notice as the court may direct, upon the ground of:

1. _______, if such motion is made _______after service of a copy of the judgment or order with written notice of its entry upon the moving party, or, if the moving party has entered the judgment or order, within one year after such entry; or
2. _____which, if introduced at the trial, would probably have produced a different result and which could not have been discovered in time to move for a new trial under section 4404; or
3. fraud, misrepresentation, or other misconduct of an adverse party; or
4. lack of jurisdiction to render the judgment or order; or
5. reversal, modification or vacatur of a prior judgment or order upon which it is based.

(b) On Stipulation.

(c) On Application of an Administrative Judge.

(d) Restitution.

Answer 1

5015

such terms as may be just

excusable default

within one year

newly-discovered evidence

Question 2

A Court’s decision to sign the Order to Show Cause and issue a stay of execution of the judgment and warrant is governed by, inter alia, CPLR Section 2201, which generally authorizes a stay upon “______.”

Answer 2

such terms as may be just

Question 3

CPLR § 2201. Stay. Except where otherwise prescribed by law, the court in which an action is pending may grant a stay of proceedings in a ____, upon _____.

Answer 3

proper case

such terms as may be just

Question 4

§ 749. Warrant.

1. Upon rendering a final judgment for petitioner, the court shall issue a warrant…describing the property, stating the earliest date upon which execution may occur pursuant to the order of the court, and commanding the officer to remove all persons named in the proceeding, provided upon a showing of good cause, the court may issue a ____ or ____ of the premises for a _____.

Answer 4

stay of re-letting

renovation

reasonable period time

Question 5

§ 749. Warrant.

3. Nothing contained herein shall deprive the court of the power to ___ or ____ such ____ for ____ prior to the execution thereof, or to restore the tenant to possession subsequent to execution of the warrant.

In a judgment for non-payment of rent, the court shall vacate a warrant upon tender or deposit with the court of the ____ at any time prior to its execution, unless the petitioner establishes that the tenant _____. Petitioner may recover by action any sum of money which was payable at the time when the special proceeding was commenced and the reasonable value of the use and occupation to the time when the warrant was issued, for any period of time with respect to which the agreement does not make any provision for payment of rent.

Answer 5

stay

vacate

warrant

good cause shown

full rent due

withheld the rent due in bad faith

Question 6

A consent decree is no more than a ____ that contains an _____. Laycock, Consent Decrees Without [**12] Consent: The Rights of Nonconsenting Third Parties, 1987 U. Chi. Legal F. 103, 103 (Laycock); Mengler at 292.

Answer 6

settlement

injunction

Question 7

Laches’ Elements

(1) “petitioner must have ___;
(2) “petitioner must have delayed ___;
(3) “there must be ___ to [the tenant] that petitioner would ___; and (4) “[tenant] must be ___”

Courts have the discretion to consider the equities to ascertain “when a claim [for rent] is __.”

Answer 7

a valid claim

in asserting claim without good cause

lack of notice

pursue the claim

prejudiced

stale

Question 7

When a tenant establishes the elements of laches, the landlord must establish a ___or be barred from recovering a ___ for arrears found to be stale.

Answer 7

reasonable excuse from the delay

possessory judgment

Question 7

Second prong of laches:

petitioner must have delayed in asserting claim without good cause.

The second prong—protracted delay—has also been satisfied by landlord’s delay of more than two years in commencing this proceeding and the absence of any ___to bringing an ___(see Marriott v Shaw, 151 Misc 2d at 940; Rodríguez v Torres, 2003 N.Y. Misc. LEXIS 2078, NYLJ, Jan. 22, 2003 at 22, col 1 [Civ Ct, Kings County]). [*801].

Even crediting landlord’s claim that it discovered its accounting “error” in December 2013, no affidavit and/or document provides a reasonable excuse for the six-month delay in landlord’s asserting its rent claims after discovery.

Answer 7

impediment

earlier lawsuit