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720 Riverside Owners Corp. v. Long

HCIV, New York County

June 17, 2013

720 RIVERSIDE OWNERS CORP., Petitioner-Landlord
v.
ANGELA M. LONG, a/k/a ANGELA M. ARMAND BLOW, JOHN & JANE DOE 720 RIVERSIDE DRIVE, APT 2C NEW YORK, NY 10031 Respondent-Tenant Index No. L&T 58707/12

Unpublished Opinion

TENENBAUM, BERGER & SHIVERS LLP Attorneys for Petitioner.

ANGELA M. LONG, A/K/A ANGELA M. ARMAND BLOW, Respondent, pro se.

DECISION & ORDER

HON. SABRINA B. KRAUS

BACKGROUND

This summary holdover proceeding was commenced by 720 RIVERSIDE OWNERS CORP (Petitioner) and seeks to recover possession of Apartment 2C at 720 RIVERSIDE DRIVE, NEW YORK, NY 10031 (Subject Premises), a rent controlled apartment, based on allegations that ANGELA M. LONG, a/k/a ANGELA M. ARMAND BLOW was a licensee of the tenant of record, Maria Harris (Harris), who passed away in November 2011.

PROCEDURAL HISTORY

Petitioner issued notice to quit on February 2012, which was followed by the service of the Petition and Notice of Petition on or about March 17, 2012. The proceeding was originally returnable in Part F on March 26, 2012.

The proceeding was twice adjourned for Respondent to seek counsel. On May 24, 2012, counsel for Respondent appeared through a stipulation, which adjourned the proceeding to June 28, 2012, and the proceeding was transferred to Part C, because the underlying premises is a cooperative apartment.

On June 28, 2012, Petitioner's motion for discovery was granted by the court, pursuant to an order, directing Respondent to produce documents from November 2009 forward and directing the payment of use and occupancy at the rate of $733.70 per month. The proceeding was marked off calendar, pending the completion of discovery. Although the moving papers were based on the claim that Respondent had asserted succession, no answer has been filed by Respondent asserting any affirmative defenses.

On May 14, 2013, Petitioner moved for summary judgment. The motion was adjourned to June 11, 2013. On May 29, 2013, Respondent's counsel filed an Order to Show Cause application, seeking to be relieved, however, the court declined to sign the Order to Show Cause. On June 11, 2013, Respondent appeared pro se, advised the court that she had elected to fire her attorney and wished to proceed pro se and the Court reserved decision on Petitioner's summary judgment motion.

DISCUSSION

On or about April 2012, Respondent filed a claim with DHCR asserting the right to succession of the Subject Premises. Respondent asserted that Harris was her aunt and that she lived with Harris in the Subject Premises from September 2009 forward. Respondent asserted that Harris had given her a power of attorney and that she moved into the Subject Premises at Harris' request because her aunt could no longer live alone. The initial papers filed by Respondent with DHCR are annexed to the moving papers.

DHCR issued an order denying Respondent's application and terminating the administrative proceeding on ...


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