Handsome Holdings, LLC v Campbell

[*1] Handsome Holdings, LLC v Campbell 2021 NY Slip Op 50598(U) Decided on June 24, 2021 District Court Of Suffolk County, Third District Hackeling, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 24, 2021
District Court of Suffolk County, Third District

Handsome Holdings, LLC, Petitioner(s)

against

Josette Campbell, JOHN DOE JANE DOE, Respondent(s)



LT-44-21/HU



Appearances: Eric Habib, Esq., P.C.

Attorney for Petitioner

130 Shore Rd. No.215

Port Washington, New York 11050

Josette Campbell

Pro-Se Respondent
C. Stephen Hackeling, J.

The Court conducted a trial of the above captioned summary holdover eviction proceeding on June 17, 2021. The matter had been previously scheduled for April 14, 2021 and April 29, 2021. The respondent Josette Campbell was given the Tenant Protection Act COVID Moratorium Declaration ( as required by the "COVID-19 Emergency Eviction. . . Act of 2020-2021") on several occasions and advised to consult with Nassau/Suffolk Law Services. The respondent acknowledged she met with said attorneys who declined to represent her. Ms. Campbell advised the Court that she did not want to file for the statutory COVID moratorium tenant stay.[FN1]

Undisputed Facts

Ms. Campbell presently resides at 164 Brooklyn Avenue, Huntington, New York (hereafter "the house"). Several years ago she and her family members were invited to reside at [*2]the house owned by her mother Nettie Campbell Dwyer (hereafter "the mother"), on a non- exclusive basis. At the time, the mother resided in South Carolina. The mother died sometime in April 2021.

It is not disputed that on February 24, 2021, a Handsome Holdings, LLC manager served Ms. Campbell with a ten (10) day notice to quit. Ms. Campbell was still in possession of the house when this action was commenced by the petitioner on March 19, 2021.

Disputed Issues of Fact

On or about June 2, 2020, the mother executed a New York State short form Power of Attorney, which purported to give Ms. Campbell's sister (the mother's other daughter, hereafter "the sister") the authority to act as her agent in all matters. The Power of Attorney was executed and notarized in the mother's attorney's office, witnessed by two other persons and a copy of her driver's license was taken. Exhibit #3. On February 17, 2021, the sister, on the mother's behalf, executed a Bargain and Sale Deed with Covenants conveying the mother's interest in the property to the petitioner, Handsome Holdings, LLC on February 12, 2021. The sister executed a notarized "Affidavit" stating that the "Power of Attorney was in full force and effect", in conjunction with the sale of the house. The sister testified in corroborative support of the conveyance of the house.

Ms. Campbell disputes the legitimacy of the Power of Attorney and Deed. She asserts that the signatures on the "Power of Attorney" and a letter signed by her mother are different.

The Court's review of the record presented supports the petitioner's contention that the execution of the mother's Power of Attorney and Deed and supporting affidavit were conducted in a legitimate and ordinary manner in furtherance of the mother's desire to convey title to the house. This finding is corroborated by the mother's letter to her daughter (Ms.Campbell/respondent) dated October 9, 2020 which stated it was written "to inform you that its my intention to sell my property at 164 Brooklyn Avenue, Huntington, New York, 11743, where you are currently living. The living arraignment is not working out. I can no longer continue paying all the bills to maintain the up keep of the property. . ." (Exhibit B which was admitted into evidence by the respondent). The mother's signature on said documents appear similar.

As such, the Court finds that Ms. Campbell was a licensee of the decedent mother who was given all the notices to quit required by law (see New York RPAPL §713(7)) and that the issuance of a judgment of possession and warrant of eviction is appropriate and herein Ordered. See generally, Drost v. Hookey, 25 Misc 3d 2010 (Suf. Co. Dist. Ct. 2009) for historical analysis of the evolution of eviction proceedings involving family members. The Court stays the execution of the subject warrant until September 2, 2021.

Dated:

J.D.C. Footnotes

Footnote 1:The Court notes that Ms. Campbell is not eligible for said moratorium stay as same is limited by its own express language ( in excess of a dozen times) to leasehold "tenants". Family relation "licensees" are not tenants.