Finally! Judgments are Being Entered and Warrants are Being Issued.
By Jacquline Handel-Harbour
At this point it is well settled law that although the pandemic has been disruptive for many businesses, performance was not rendered impossible during such time, even with reduced revenues, and commercial tenants have therefore not been found to be excused from paying rent. While the temporary shutdowns certainly were devastating, the obligation for a commercial tenant to pay rent was not suspended. There was no Legislative freeze on rent and businesses have been opened now for quite some time since the onset of the Covid-19 pandemic, in March of 2020.
The commercial tenants therefore are left with having to conjure up creative defenses, that the judges fortunately are disregarding, and issuing the decisions that Landlords have been waiting for over the last several years. In Merritt Avenue LLC v. Scaffolding Systems, Inc, the Commercial tenant who owed just shy of 6 figures, literally $99,960 in use and occupancy, tried its luck in arguing that an employee who was served at the premises was a “yard laborer whose duties are yard maintenance and loading and unloading trucks” and was not trained or fit to accept service on its behalf. However, the affidavit of service was prima facie proof of proper service upon an employee at the premises pursuant to RPAPL 735. The Court was not persuaded by the Tenant’s attempt to further delay the matter on a jurisdictional claim, when clearly it was served and owed the money claimed due. As such, a judgment of possession, money judgment and the issuance of a warrant to issue in 5 days was granted in favor of the Landlord. See: Merritt Avenue LLC v. Scaffolding Systems, Inc, Index # 304672/2021.
The past few years have been exhausting. Judges are beginning to respond positively to the landlords who continued to provide services to their building, yet were negatively impacted and financially crippled by the tenants that have not paid rent and remained in possession, due to the stays and delays resulting from the Legislature’s response to Covid-19. It’s time for the City to come back strong. It’s time for a summary proceeding to once again be “summary” in nature, with judges weeding out the frivolous defense, issuing judgments and providing expeditious results like we once knew and enjoyed in the landlord tenant courthouse.