I received an ex parte cplr 5704 from the landlord. How do I fight against this?

Asked about 2 years ago - Bronx, NY

I received an ex parte order 5704b, it wasnt personally delivered, but left outside my apartment door on the hallway floor. I wasnt home at the time-I was in the ER at Jacobi Hospital. I received an order to show cause to appear in court October 17th. I received this order after missing court due to recent heart attacks I had. Proof of the heart attacks were presented to the court. They say I owe 11,000. I have 3,000 and I am waiting on FEPS to provide 7,000. I can pay the balance at the end of the October. Please advise. My number is 347 282 4730.

Attorney answers (1)

  1. Steven Warren Smollens

    Contributor Level 20

    Answered . Dear CPLR 5704 (b):

    What set the landlord off to the Appellate Term to obtain a 5704 (b) order? Is the Order to Show Cause scheduled for Housing Court or at the Appellate Term? If at the Appellate Term call the court and request information. If at the Housing Court, check the court's website for an appropriate form:

    http://www.courts.state.ny.us/courts/nyc/housin...

    If you need to oppose the OTSC, you must do so with an affidavit. If your excuses are recognized as reasonable, you may succeed to get the time you need to pay the rent.


    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more

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