Appellate Division of the Supreme Court of New York, 2013

Hochmuller v. Bellwest Management Corp.

Hochmuller v. Bellwest Management Corp.
Appellate Division of the Supreme Court of New York · Decided November 19, 2013
111 A.D.3d 520; 975 N.Y.S.2d 344
Hochmuller v. Bellwest Management Corp.

Opinion of the Court

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered October 5, 2012, which denied plaintiffs motion for a stay of Housing Court proceedings and for the court to recuse itself, unanimously affirmed, without costs.

The court properly declined to stay proceedings in Housing *521Court. As noted by the motion court, plaintiff had it within her power to avoid any eviction proceedings by executing a renewal lease for her studio apartment and then pursue her request to be relocated to a renovated one-bedroom apartment in the subject building.

The court did not abuse its discretion in refusing to recuse itself (see People v Moreno, 70 NY2d 403 [1987]). Concur — Mazzarelli, J.E, Saxe, Moskowitz, DeGrasse and Gische, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.