HERMON v. LAWRENCE (2024)

Procedural History

After a hearing on the merits, the Court issued a warrant of eviction with an execution date of May 4, 2024. The Respondent made an oral application for a stay of the warrant of eviction.

Facts

The Respondent has resided at the property for approximately 17 years, has substantial chattel at the property, there are limited rentals in the local area, and is in visibly poor health.

Issue

The issue in this case is whether the Court should grant Respondent a stay.

Relevant Law

RPAPL § 753 allows for a stay upon a showing of an extreme hardship.

Analysis

Although RPAPL § 753 could require the deposit of the total arrears in escrow, the statute allows the court to set a different amount in “installments” and “at the rate for which the applicant was liable”. Based on the hardship presented by the Defendant, the Court will give her a break by staying the eviction until July 31, 2024, provided that she make installment payments of $750 on May 5, June 5, and July 5, 2024. If Defendant does not pay according to this schedule, then the Defendant can make an application on notice to the Defendant to vacate the stay.

Order

Therefore, it is hereby ORDERED:

1. The warrant of eviction of this Court dated April 19, 2024, shall be stayed upon the Defendant's payment of $750 on May 5, June 5, and July 5, 2024.

2. The Petitioner may apply on notice to the Defendant to vacate the stay if she does not pay according to the schedule.

This is the Decision and Order of the Court.

Joshua P. Bannister, J.