Claremont Gardens Assoc., L.P. v Rivera (2010 NY Slip Op 50775(U))
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Claremont Gardens Assoc., L.P. v Rivera
2010 NY Slip Op 50775(U) [27 Misc 3d 1216(A)]
Decided on February 22, 2010
Just Ct Of The Town Of Ossining, Westchester County
Koba, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
As corrected in part through May 12, 2010; it will
not be published in the printed Official Reports.
Decided on February 22, 2010
Just Ct of the Town of Ossining, Westchester County
Claremont Gardens
Associates, L.P. by Claremont Gardens Houses, Inc. 85 Riverdale Avenue, Yonkers, New York,
, Petitioner-Landlord,
against
Luz Rivera, John And/or Jane Doe 43 Claremont Gardens Ossining,
NY 10562, Respondents-Tenants.
06-10
Daniel Finger, Esq.
FINGER & FINGER, P.C.
Attorneys for Petitioners
158 Grand Street
White Plains, New York 10601
(914) 949-0308
Mihaela Petrescu, Esq.
Legal Services of the Hudson Valley
Attorney for Respondent-Tenant
90 Maple Avenue
White Plains, New York 10601
(914) 949-1305, ext. 102
Nancy Quinn Koba, J.
Petitioner ("Landlord") commenced this non-payment proceeding to recover
possession of residential premises from respondent ("Tenant") and a money judgment for rent
due in the sum of $3262.52, with interest thereon from the date of the petition, together with
attorneys' fees and costs in the amount of $420.00. Landlord contends the rent was duly
demanded from tenant by service of a three day notice upon her. The petition was returnable on
January 14, 2010. Tenant failed to appear and Landlord's application for a default judgment of
possession and a warrant was granted, which was stayed through January 20, 2010.
Following service of the 72 hour notice, Tenant filed an Order to Show Cause