This decision has been referenced in a table in the New York Supplement.
Axelrod Fingerhut & Dennis, New York, attorneys for petitioner.
Bierman & Palitz LLP, New York, attorneys for movant.
SABRINA B. KRAUS, J.
BACKGROUND This summary nonpayment proceeding was commenced by TURIN HOUSING DEVELOPMENT FUND (Petitioner) and sought to recover possession of 609 Colombus Avenue, Apt 6L, New York, New York, 10024 (Subject Premises), based on the allegation that ALFREDO SUAREZ (Respondent) had failed to pay maintenance due pursuant to the parties' occupancy agreement.
Petitioner issued a predicate notice dated September 12, 2012, seeking $4,285.66 in arrears for a period covering March 1, 2012 through September 1, 2012. The notice sought payment of the arrears within three days. The notice further provided " Please take further notice that this notice supercedes the previous notice dated June 20, 2012 that was served upon you on or about June 25, 2012." The affidavit of service asserts the notice was served by conspicuous place delivery on September 17, 2012, at 10:57 am, with a prior attempt having been made on September 15, 2012 at 7:49 pm, and a mailing on September 17, 2012.
The petition issued on October 1, 2012, and was served by conspicuous place delivery on October 5, 2012, at 7:28 am with a prior attempt on October 4, 2012, at 3:30 pm and a mailing on October 6, 2012. No other person was named or served in this proceeding.
The petition asserts that the premises are exempt from Rent Control and Rent Stabilization because the Subject Premises is a cooperative financed pursuant to CFR 236 and the maintenance is set by HUD. The petition further asserts that the Subject Premises is the residence of Respondent, who is the proprietary lessee.
The notice of petition and petition were signed by Kamilla Aslanova, Esq., who affirmed " Pursuant to 22 NYCRR § 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous."
The petition was verified by Peter Axelrod, Esq (Axelrod) a principal in the law firm representing Petitioner. The verification provides:
The Undersigned affirms under penalty of perjury that he is one of the attorneys for the Petitioner; that he has read the forgoing Non Payment Dwelling Petition and knows the contents thereof; that the same are true to his own knowledge except as to matters stated to be upon information and belief; and as to those matters she believes them to be true. The grounds of his belief as to matters not stated upon her knowledge are statements and/or records provided by the Petitioner, its agents and/or employees and contained in the file in the attorney's office.
Respondent never answered or appeared. By letter dated December 14, 2012, Axelrod, authorized City Marshal Justin Grossman to requisition the file for the proceeding for the issuance of a warrant of eviction and the entry of a final judgment. On December 14, 2012, Petitioner applied to the court for a default judgment. Petitioner submitted several documents in support of its application.
Petitioner submitted an affidavit from Deborah Hassell-Dobies (Dobies) dated December 10, 2012. The affidavit asserts that Dobies is the managing agent of Petitioner and that she is " personally familiar with all the facts of this matter, and with the details of the petition which is dated July 5, 2012 ..." . Dobies acknowledges that the affidavit is made under penalty of perjury and further asserts " I ...