Recitation, as required by CPLR § 2219(a), of the papers considered in the review of petitioner's motion for access to respondent's apartment to make repairs:

Papers Numbered

This summary holdover proceeding was commenced in February 2023. Petitioner alleges that respondent, the shareholder of the subject cooperative apartment, has engaged in objectionable conduct, specifically as a result of respondent allegedly "throwing water bugs, cockroaches and liquid substances on the floors and walls outside of [her] apartment and throughout the Building[.]" (Ten Day Default Notice).

After commencement, the Department of Social Services (DSS) filed a motion to appoint [*2]a guardian ad litem (GAL) for respondent Farzana Zaidi Respondent. Judge Logan J. Schiff granted the motion for a GAL on April 6, 2023. Thereafter, the proceeding was adjourned several times for access to be provided to petitioner and for APS (Adult Protective Services) to engage in deep cleaning of the subject premises.

Subsequently, petitioner filed the instant motion, which seeks an order allowing access to the subject premises to effectuate repairs. When the motion was first noticed, on June 10, 2024, the court learned that respondent was hospitalized. At the adjourn date, June 26, 2024, respondent's GAL did not have new information about the location of respondent's hospitalization. The court heard argument on petitioner's motion on June 26, 2024 and reserved decision.

Petitioner seeks an order of the court allowing access to the subject premises to make repairs and to exterminate. Petitioner annexes complaint letters from other occupants of the subject building regarding respondent's behavior and the condition of the subject premises. However, none of the letters are authenticated. Petitioner also annexes respondent's occupancy agreement, which contains a provision (Section 3(M)) stating that the cooperative may enter a shareholder's apartment for any reason for which entry is necessary and permissible, without liability. Respondent's GAL would not consent to grant the motion on the record.

It is well established that "injunctive relief is generally not available in a summary proceeding brought in the Civil Court." Waxman v. Patabbe, Inc., 42 Misc 3d 142[A], 2014 NY Slip Op 50221[U], *1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014] [internal citations omitted]. The narrow exception to this rule is limited to proceedings for the enforcement of housing standards (HP proceedings) and applications for provisional remedies under Civil Court Act § 209(b) (see Topaz Realty Corp. v. Morales, 9 Misc 3d 27, 28 [App Term, 2d Dept, 2d & 11th Jud Dists 2005]; Lencal Realty Corp. v. Benn, 1 Misc 3d 134[A], 2003 NY Slip Op 51640[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2003]).

This summary eviction proceeding is clearly not a proceeding for the enforcement of housing standards and petitioner makes no claim that its request for injunctive relief (i.e. access for repairs) falls within the remedies enumerated in Civil Court Act § 209(b). Moreover, the request for access to make repairs is not strictly related to petitioner's allegations in the predicate notices; the allegations therein dealt strictly with respondent's alleged actions in throwing various pests and substances on floors and walls outside of the subject premises. Accordingly, petitioner has not demonstrated an entitlement to an order for access to respondent's apartment and the motion is denied accordingly. The denial is without prejudice to any remedies that petitioner may pursue in a court of general jurisdiction.

The proceeding will be restored to Part B, Room 403, on July 24, 2024 at 9:30 AM for trial transfer.

This Decision/Order will be filed to NYSCEF.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.