Pavia v. Couri

(Sup. Ct. N.Y. Cty. 8/25/05)

We represented: Plaintiff/Landlord

Joan A. Madden, J.

DECISION and ORDER Plaintiffs move, by order to show cause, to modify this court's order dated February 9, 2005, which directed defendant James Couri ("Couri") to deposit with the Court, by March 11, 2005, (1) past use and occupancy for the period from November 2002 to present at the legally regulated rate of $1,820 per month, less the $3,716.62 owed to Couri for overcharges together with the excess security amount found by the Rent Administrator, and (2) future use and occupancy in the amount of $1,820.00 per month, so as to have these amounts paid directly to them.

Couri opposes the motion and cross moves for an order staying the proceedings, seeking to have this court recuse itself, and seeking relief with respect to certain discovery issues. During a court appearance by the parties on August 23, 2005, Couri agreed on the record to pay future use and occupancy in the amount of $1,820 per month to the Pavias, through their counsel, Jay Itkowitz, beginning on September 1, 2005. Accordingly, the request that Couri pay future use and occupancy directly to plaintiffs is granted.

The motion to modify the court's February 9, 2005 order with respect to past use and occupancy and Couri's cross motion as well as the contempt hearing regarding whether Couri should be held in contempt for his failure to pay use and occupancy into the Court as required by the February 9, 2,005 order, was adjourned to August 24, 2005, at.2:00 p.m., and disposition of those motions will be addressed in a. separate order.

In view of the above, it is

ORDERED that the motion is granted to the extent that Couri is directed in accordance with his statement on the record on August 23, 2005, to pay the Pavias, through their attorney Jay Itkowitz, future use and occupancy of $1,820.00 per month beginning on September 1, 2005 and thereafter on the 1^st day of every month pending further order of the court.

Dated: August 25, 2005