Landlord sent us a surprise Order to Show Cause which was signed by a Judge returnable in less than 10 days.
Landlord ask for rent that already has been paid to put into Court Escrow. The amount is extremely significant.
We have proof that Landlord actually owes us money -
Trial was suppose to take place in mid- January but this OSC was signed first demanding all unpaid rent
We have in escrow with Comm. of Finance nearly most of the rent asked
Dear New York Tenant:
It is unusual for a Housing Court Judge to accelerate the return date of a petition in a non-payment proceeding. Without reading the supporting affirmation of attorney and affidavit from the landlord, it is futile to guess.
it is also unusual for a tenant to make a deposit of the rent in dispute into court so I suspect you have an attorney guiding you since you pointed out that the amount is extremely significant.
You have time to do your opposition papers and be prepared for argument on the return date of the Order to Show Cause. I imagine that because an OSC is bringing you back to court before the trial date that the judge is not likely to consider adjourning the Order to Show Cause.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
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