Quincy Capital, LLC v Ayton
Annotate this CaseDecided on September 5, 2017
City Court of Mount Vernon
Quincy Capital, LLC, Petitioner-Overtenant-Landlord,
against
Corrine Ayton and ORAL AYTON, , Respondents-Undertenants, N. SAPPLETON, "JOHN DOE" and "JANE DOE," Respondents-Undertenants.
773-17
Moritt Hock & Hamroff, LLP
Attorneys for Petitioner
400 Garden City Plaza, 2nd Floor
Garden City, New York 11530
Corrine Ayton
Respondent pro se
Adam Seiden, J.
This matter was commenced as a holdover proceeding with respect to premises at 11 Park Avenue, Apt. 5G, Mount Vernon, New York wherein petitioner Quincy Capital, LLC, sought possession of the Premises due to respondents alleged violation of the lease provision requiring the tenants to provide access to the subject premises to perform required repairs, specifically to replace the existing non-working stove with a new stove and to replace the defective shades/blinds in the living room. Initially, the action was commenced against respondents by petitioner's predecessor in interest. The 10 Day Notice to Cure served on respondent asserted that she had violated a substantial obligation of her tenancy by unreasonably failing to and/or refusing to provide access to the landlord for necessary repairs to the premises. Petitioner cited ETPA § [*2]2504.2(e) which requires a tenant to provide access to the landlord for the purpose of making necessary repairs required by law.
The parties appeared before the Court on April 6, 2017. Respondent Corrine Ayton appeared on behalf of respondents. The Court directed that petitioner was to inspect the subject premises on April 19, 2017 at 11:00 am and to commence repairs on April 24, 2017 and April 25, 2017 between the hours of 9:30 am and 4:00 pm with any additional work to be performed on May 3, 2017. Respondent was directed to make the premises available for the inspection and repair work. On May 19, 2017 the parties returned to court. Petitioner indicated that the subject premises was cluttered with respondent's personal property to such an extent that petitioner was unable to perform the repairs. The Court ordered new dates for the repair work to be performed. Specifically, the Court directed that petitioner was to make the required repairs on June 1, 2017 and June 2, 2017 between the hours of 9:30 am and 2:30 pm. The Court further ordered respondent to make sure that there was clear access for petitioner to make the repairs by clearing the required access areas to be free from her personal belongings. Specifically, respondent was directed to clear all of the items in front of the windows where the blinds needed to be repaired and to clear a path so that petitioner could bring a new stove through the wider entrance to the kitchen. On June 19, 2017 the parties returned to court. Petitioner informed the Court that the repairs to the blinds had been made but that it was unable to install the new stove due to respondent's lack of cooperation in moving her personal belongings so that a path was cleared to allow for the new stove to be brought into the kitchen through the widest entrance.
A trial was held to resolve the issue regarding the lack of replacement by petitioner of respondent's stove. At the trial, petitioner called Robert Almeida, the managing member of Quincy Capital, LLC as a witness. Mr. Almeida testified that as per the Court's April 6, 2017 directive he and the building superintendent went to respondent's apartment on April 19, 2017 to inspect the premises regarding the repairs to the blinds and replacement of the stove. Mr. Almeida testified that the apartment was cluttered with respondent's personal belongings such that he and the superintendent could barely enter it. Mr. Almeida stated that the clutter was approximately 8 feet high in the dining room and 5 feet high in the living room. He further testified that he required that the wider entrance into the kitchen to be clear so that he could bring in the stove without having to dismantle it to fit it in. He also testified that he told respondent that he would need her to clear a path from the front door through the living room and dining room that led to the kitchen and to clear space in front of the windows prior to the court ordered repair dates. Mr. Almeida testified that when he and the superintendent went back to repair the blinds and install the new stove respondent had not removed any of the clutter nor made a path as requested. Photographs of respondent's apartment showing the cluttered conditions, which were taken on April 28, 2017 and May 3, 2017, were marked as petitioner's Exhibit "5". Mr. Almeida indicated that even though respondent failed to remedy the clutter in her apartment, the building superintendent was able to repair the blinds in the apartment by climbing on top of respondent's personal belongings in order to reach the windows. On May 19, 2017 a Notice of Violation was issued against petitioner by the Mount Vernon [*3]Department of Buildings citing numerous dangerous and unsanitary conditions in the apartment including the lack of a working stove.
When Mr. Almeida returned on June 1, 2017 and June 2, 2017 as directed by the Court, respondent still had not remedied the clutter in her apartment and so petitioner was unable to install the new stove. Photographs of respondent's apartment showing the continued cluttered conditions, which were taken on June 2, 2017, were marked as petitioner's Exhibit "6". Mr. Almeida testified that he had the new stove, which cost approximately $552, being stored in the basement of the building waiting to be installed. Mr. Almeida further testified that the respondent owed rental arrears in the amount of $3,251.89. A copy of an undated ledger for respondent's account was marked as petitioner's Exhibit "8". The ledger indicates a balance of arrears upon petitioner's purchase of the subject premises of $2,627.96 as of March 31, 2017. The ledger further indicates payments by respondent for the April 2017 and May 2017 rent. The ledger indicates that the June 2017 rent remained unpaid.
Respondent Corrine Ayton testified as a witness on petitioner's direct case as well as on her own behalf. Ms. Ayton testified that she has clutter in her apartment because she has water damage in her apartment coming in through the ceiling. She further testified that she did not move any of her belongings as directed by the Court to allow petitioner to install the new stove because it was her belief that they were not actually going to provide her with a new stove. She further testified that she went and bought her own stove at Sears and that it had already been installed in her apartment. She indicated that it cost approximately $800 but did not have a receipt in court to submit. Respondent admitted that she owed petitioner the rent for June 2017 but denied that she owed any other rent arrears and requested that petitioner provide an itemized invoice for the arrears. Respondent submitted documents post trial which included a copy of a receipt from Sears for $206.85 dated June 11, 2017 which bears a handwritten note by respondent indicating that the receipt is for the installation of the new stove. Respondent's documents also include a copy of a receipt from Dynamic Appliances Sales & Services dated May 26, 2017 indicating that they repaired an unnamed appliance door. Respondent's handwritten note indicates that she paid to have the stove door repaired, however, respondent's documents do not include a receipt for a new stove.
This Court finds in favor of the respondent with regard to the holdover based upon respondent's sworn testimony that she has an operable stove in her apartment. However, the Court orders the respondent to allow petitioner to inspect the subject premises on September 27, 2017 at 11:00 am to ensure that the premises have an operable stove. The inspection must take place on the aforementioned date and cannot be rescheduled by either party. Petitioner will send in documentation to the Court verifying that the inspection took place as directed and whether or not there is an operable stove in the apartment. If the Court receives verified proof that there is no operable stove in the apartment, the Court will order the parties to return to court for a contempt hearing which could result in respondent being put in jail due to her blatant disregard of this Court's numerous directives. Similarly, if the inspection does not occur on the aforementioned date, the Court will order the parties to return to court for a contempt hearing which could result in jail for the party who caused the inspection to [*4]not occur.
With respect to the rent arrears, the Court finds that petitioner has failed to satisfy its burden of proving that respondent owes the balance of $2,627.96 as of March 31, 2017. Petitioner only provides an undated ledger indicating that said alleged balance was owed to the prior owner by respondent without any supporting documentation from when said balance allegedly accrued. Respondent did, however, admit that she had not paid the rent for June 2017. As such, respondent is ordered to pay any and all arrears that became due and owing during the pendency of this decision, that being from June 2017 through and including September 2017, to the extent not already paid.
This constitutes the Decision and Order of this Court.
Dated: September 5, 2017
Mount Vernon, New York
HON. ADAM SEIDEN
Associate City Judge of Mount Vernon
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