Barr v Huggins (2013 NY Slip Op 23296)
Barr v Huggins
2013 NY Slip Op 23296 [41 Misc 3d 605]
August 8, 2013
Lehrer, J.
Civil Court Of The City Of New York, Bronx County
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 20, 2013
[*1]
Anthony W. Barr, Petitioner,
v
Gary Huggins, Respondent.
Civil Court of the City of New York, Bronx County, August 8, 2013
APPEARANCES OF COUNSEL
Frank J. Loverro for petitioner. Gary Huggins, respondent pro se.
{**41 Misc 3d at 606} OPINION OF THE COURT
Andrew Lehrer, J.
{**41 Misc 3d at 607}Background
Petitioner Anthony W. Barr commenced this "no grounds" holdover proceeding against respondent tenant Gary Huggins on October 18, 2012. The petition, which is dated October 2, 2012, alleges, among other things, that the subject apartment is not rent-controlled or rent-stabilized because it is located in a two-family house; that the apartment is located on the second floor of the subject building; that Mr. Huggins is the tenant of the apartment; that he entered into possession thereof pursuant to a written rental agreement made on or about February 1, 2010 for a two-year term commencing February 1, 2010 and ending January 31, 2012; and that the term for which the apartment was rented expired on September 30, 2012 pursuant to a 30-day notice of termination dated August 21, 2012, which was personally delivered to Mr. Huggins on August 30, 2012.
Mr. Huggins, who is not represented by counsel, did not file an answer. However, at the pretrial conference, he alleged that his lease was still in effect.
The Trial
The trial of this case took place on May 9 and June 25, 2013.
Petitioner's Evidence