No Stay of Eviction Granted to Occupant Who Couldn't Pay Use and Occupancy

Landlord sued to recover a low-income co-op apartment from occupant after the shareholder tenant moved out. Occupant claimed that she was a shareholder, but there was no proof supporting this claim. Landlord got a judgment of possession and an eviction warrant was issued. Occupant then asked the court for a stay of the eviction. The court ruled against occupant, who owed landlord over $38,000 for use and occupancy over a five- to six-year period.  Even if ownership of the apartment shares was still an issue to be resolved, there was no indication that occupant had the means or willingness to pay the $775 monthly maintenance payment that would be due going forward.

421 Crown Street HDFC v. Farrar-Baddal: 2025 NY Slip Op 50669(U), 85 Misc.3d 1269(A)(Sup. Ct. Kings; 4/23/25; Maslow, J)