This HP case for repairs against LL has been scheduled for trial for months. HPD brought their own case as well in the interim. Now LL wants to apply, on the day of trial, to the Supreme Court for "injunctive relief" to stay both proceedings. I can't understand what his argument could possibly be, since the notice doesn't reveal anything of substance regarding his reasons. From my layperson's understanding of what I've read thus far, a request of injunctive relief must show A) likelihood of prevailing on the merits (in fact, LL has zero likelihood of prevailing on the merits, since all of the conditions complained of have been verified by inspectors 10 or more times) and B) likelihood of irreparable harm if the relief isn't granted (in fact, I am the one who is suffering irreparable harm by living in immediately hazardous conditions; I can't see what "harm" could come to the landlord by conducting a trial other than being ordered to pay for repairs, which is a purely financial loss, and therefore is always reparable.) Am I missing something here, or is there any reasonable argument or possible defense a LL could make as to why an HP trial would cause him "irreparable harm"?
Dear Brooklyn Tenant:
You are correct that Supreme Court will not enjoin an HP trial in Housing Court; but the City and you need to point out that the landlord's remedy is within Housing Court for a stay from the HP judge and not from another court in a separate lawsuit. You did not mention if you have counsel or whether the landlord has counsel. If your landlord has an attorney you could consider the overture for a TRO in another court is frivolous and subject to sanctions.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
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