Countrywide Home Loans, Inc. v Williams (2008 NY Slip Op 51319(U))
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Countrywide Home Loans, Inc. v Williams
2008 NY Slip Op 51319(U) [20 Misc 3d 1111(A)]
Decided on July 1, 2008
District Court Of Nassau County, First District
Fairgrieve, 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This opinion is uncorrected and will not be
published in the printed Official Reports.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 July 1, 2008
District Court of Nassau County, First District
Countrywide Home
Loans, Inc., Petitioner(s)
against
Realton Williams, Walter Meadows, Mrs. Aiken (Refused 1st Name),
"John Doe" and "Jane Doe", Respondent(s)
SP 1045/08
Rudolph de Winter, Of Counsel, Jeffrey A. Seigel, Esq., Nassau/Suffolk Law
Services Committee, Attorney for Respondent April P. Keys, One Helen Keller Way, 5th Floor,
Hempstead, New York 11550, 516-292-8100;
Ezratty, Ezratty & Levine, LLP, Of Counsel to Steven J. Baum, P.C., Attorneys for
Petitioner, 80 East Old Country Road, Mineola, New York 11501, 516-747-5566;
Steven J. Baum, P.C., Attorneys for Petitioner, 220 Northpointe Parkway, Suite G,
Amherst, New York 14228, 716-204-2400.
Scott Fairgrieve, J.
The respondent, April Keys, moves to dismiss the instant holdover proceeding
alleging that she is the sole tenant of the premises in question who was not named or served in
the underlying foreclosure action or in the Ten Day Notice to Quit, affidavit of service, or the
petition. The petitioner submits no opposition.
The holdover proceeding was commenced on or about March 6, 2008. The petitioner came
into possession of the premises located at 143 Carolina Avenue, Hempstead, New York, by way
of public judgement of foreclosure sale, on October 22, 2007. On January 30, 2008, a Ten Day