BBG News

Favorable Decision on 5704(a) motion from AD1

Nov 29, 2022

BBG, on behalf of our client, recently received a favorable decision from the AD1 granting a CPLR 5704(a) motion that directed a NY Supreme Court Justice to sign a OSC with a TRO seeking to enjoin a residential tenant from engaging in nuisance like conduct – despite the fact that the OSC was initially denied because there was a pending nuisance holdover proceeding in Housing Court.  Noelle Picone, Partner, and Leslie Mendoza, Associate, worked on the case.

The importance of this decision is that a 5704(a) motion can be an effective tool to timely reverse a declined OSC.

Should you have any questions regarding this decision and/or how it could potentially apply to your case, feel free to reach out to your attorney on record or email us at



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