43-45 East 60Th Llc v. Kim Book Reviews

43-45 East 60Th Llc v. Kim by New York County Civil Court of the City of New York Book Summary

Petitioner commenced this illegal sublet holdover proceeding on February 20, 2003. Respondent appeared through counsel. The parties adjourned the proceeding to April 1, 2003, for a Korean interpreter to assist and for a possible deposition. On April 1, 2003, respondent consented to discovery, and the parties agreed by stipulation to mark this proceeding off calendar pending discovery. On July 8, 2003, petitioner took respondents deposition. On May 13, 2004, petitioner filed a consent to change attorneys. Petitioner now moves through new counsel over one year later by notice of motion filed July 29, 2004, to restore the proceeding to the courts trial calendar. (Baer Affirmation dated July 23, 2004.) Respondents counsel opposes petitioners motion and seeks dismissal of the proceeding because petitioner waited over a year to restore the proceeding and because his client is currently in Korea.

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