Bruckner v. Jaitor Apartments Co.

OPINION OF THE COURT

David Goldstein, J.

The issue presented is the nature of the "hearing” required by 22 NYCRR 130-1.1 (d), before imposition of sanctions or an award of costs.

The underlying dispute arose out of a landlord-tenant holdover proceeding (index No. L&T 61435/88), brought by defendant to recover possession of plaintiff’s garage space. After trial, judgment was entered April 22, 1988, awarding possession to the landlord. One month later, plaintiff pro se commenced an action in the Civil Court (index No. 20050/89), inter alia, for declaratory judgment relief and to reopen the summary…