Sage Franklin Llc. v. Cameron

On August 17, 2005 Respondent was evicted from the subject premises, Apartment 2L located at 360 Franklin Avenue, Brooklyn New York. After eviction, Respondent made three pro se applications for restoration to the subject premises. Each application was denied. She then obtained representation by the Legal Aid Society whose initial application was also denied. Counsel for Respondent now makes the instant application seeking restoration to the premises. This Court denied two of the prior applications based on the Courts understanding that Respondent no longer wished to reside in the apartment and that her claim of rent overcharge was governed by the four year statute of limitations. The Appellate Term also denied Respondents requested relief. On September 16th 2005, Respondent moved before this Court for an Order of Restoration to possession of the premises and supplemented her Order to Show Cause (returnable September 23rd) upon learning that the premises had been relet. Respondent further sought to stay petitioner from removing Respondents belongings on the grounds of fraudulent leases and rent registration filings between the years 2001-2005. This Court signed the Order to Show Cause and directed Respondent to implead the alleged new tenant, Richard Rozo. Petitioner opposes on all grounds. Respondents motion for a stay of this proceeding and for a trial on the issue of the alleged fraudulent leases is granted.