APPELLATE TERM OF THE SUPREME COURT OF THE STATE OF NEW YORK

FOR THE 2ND, 11TH & 13TH JUDICIAL DISTRICTS

EB MANAGEMENT PROPERTIES, LLC    §     Appellate Term Docket No 2018-2214 QC

Respondent,                                            §

§

v.                                                              §    

§

SULTAN AL MARUF                                      §

Appellant.                                               §     Lower Court # LT 77074-17

NOTICE OF MOTION FOR RECONSIDERATION

            Notice is hereby given that on Insert Date, at Insert Time, or as soon thereafter as the matter may be heard, in Courthouse No. ___ of this Court, located at Insert Court Address. Sultan Al Maruf, will, and hereby does, bring before this Honorable Court this Motion for Reconsideration.

            The Motion will be based on this Notice of Motion, on the declaration of Sultan Al Maruf, and the supporting memorandum served and filed herewith, on the records and file herein, and on such evidence as may be presented at the hearing of the motion.

Dated:

Respectfully Submitted,

______________________________

Sultan Al Maruf

Insert Address

Insert State & ZIP Code

Insert Phone Number

Insert Email

APPELLATE TERM OF THE SUPREME COURT OF THE STATE OF NEW YORK

FOR THE 2ND, 11TH & 13TH JUDICIAL DISTRICTS

EB MANAGEMENT PROPERTIES, LLC    §     Appellate Term Docket No 2018-2214 QC

Respondent,                                            §

§

v.                                                              §    

§

SULTAN AL MARUF                                      §

Appellant.                                               §     Lower Court # LT 77074-17

MEMORANDUM IN SUPPORT OF MOTION FOR RECONSIDERATION

            Pursuant to NY CPLR § R5015 (2012), Appellant, SULTAN AL MARUF, respectfully requests this Honorable Court to reconsider its Order of March 26, 2021, reducing the amount of the monetary award in favor of the landlord to the sum of $8,905.44, and in support thereof avers as follows:

  1. NY CPLR § R5015(a) provides in part as follows: “The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the court may direct, upon the ground of: (3) fraud, misrepresentation, or other misconduct of an adverse party.”
  2. During the hearing, Appellant submitted to this Court that there was some concealment of evidence by a judge. Appellant did not receive any answer from this Court regarding concealment of evidence by a judge.
  3. Concealment of evidence by a judge amounts to fraud and misconduct on the part of the judge. It was a material omission of evidence that was knowingly made by the judge with intent to cause harm to Appellant. The resulting harm to Appellant is that it impeded his case before the court.
  4. Appellant avers that this Honorable Court erred in calculation to arrive to the sum of $8,905.44 monetary judgment. The correct sum should be $9,872.94.
  5. The last sentence on Page 1 of the Order issued by this Honorable Court on March 26, 2021 states as follows: “Tenant also argues that landlord received a rent supplement check in the amount of $967.50, which the court failed to credit, and that the monetary award should be reduced by that sum.” Appellant avers that he never mentioned any check in the sum of $967.50 during the housing court trial or appeal before this Honorable Court. The burden of proof is not upon Appellant to prove that landlord received a rent supplement check in the sum of $967.50.
6.      NY Real Prop L § 235 – B(1) provides as follows: “In every written or oral lease or rental agreement for residential  premises  the  landlord  or  lessor  shall  be  deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common  with  other tenants or residents  are  fit  for  human habitation and for the uses reasonably intended by the  parties  and  that  the  occupants  of  such premises  shall  not  be  subjected  to  any  conditions  which would be dangerous, hazardous or detrimental to their  life,  health  or  safety.” The aforementioned provision places a duty on landlords to ensure the habitability and safety of tenants.
7.      When a member of staff of the pest company acting on behalf of the landlord threatened to beat up Appellant, his safety was threatened. The burden of proof is upon Appellant to prove this allegation. Appellant is ready to proof this allegation before this Honorable Court.
REASONS WHEREFORE, Appellant, SULTAN AL MARUF, respectfully requests this Honorable Court to reconsider its Order of March 26, 2021, and enter an order in favor of Appellant.
 
 

Respectfully Submitted,

______________________________

Sultan Al Maruf

Insert Address

Insert State & ZIP Code

Insert Phone Number

Insert Email

VERIFICATION

I, SULTAN AL MARUF, being duly sworn depose and say that I am the Appellant in the above entitled action, that I have read the foregoing Motion for Reconsideration and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this the _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

            I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

            (Name of Attorney), Attorney at Law

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