Evans v Mickens (2012 NY Slip Op 50192(U))
[*1]
Evans v Mickens
2012 NY Slip Op 50192(U) [34 Misc 3d 1221(A)]
Decided on February 7, 2012
Civil Court Of The City Of New York, New York County
Kraus, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on February 7, 2012
Civil Court of the City of New York, New York
County
Richard Evans,
Petitioner-Landlord
against
Alan Mickens, Respondent-Tenant VIOLET DELISSER,
Respondent-Occupant
L & T 55690/09
EILEEN O'TOOLE
Attorney for Petitioner
270 Madison Avenue, Suite 1500
New York NY 10016
(212) 838-1153
BETTY MARSHAL, ESQ.
Guardian Ad Litem for Respondent
55 West End Avenue, Suite 8H
New York NY 10023
(212) 265-1103
Sabrina B. Kraus, J.
BACKGROUND
This summary holdover proceeding was commenced by RICHARD EVANS
(Petitioner) and seeks to recover possession of the Ground floor Apartment at
427 West 162nd Street (Subject Premises) from ALAN MICKENS
(Respondent) and Violet Delisser, an alleged undertenant, based on the allegation that
Respondent's lease had expired and he is not entitled to a renewal because Petitioner and his
immediate family members intend to occupy the Subject Premises, as part of their primary
residence. Violet Delisser has never appeared herein and is not asserted to be in occupancy. Ms.
Delisser was named by Petitioner because the 2001 Stipulation asserted she was an occupant of
the Subject Premises at that time.
PRIOR LITIGATION
[*2]
A prior holdover proceeding was commenced against
Respondent in regards to the Subject Premises in 2011. That proceeding Rev. Winston Clarke
v Alan Mickens Index Number 51566/2001 was settled pursuant to a stipulation of