Norfolk Dev. LLC v Kee (2013 NY Slip Op 51284(U))
[*1]
Norfolk Dev. LLC v Kee
2013 NY Slip Op 51284(U) [40 Misc 3d 1223(A)]
Decided on August 6, 2013
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 August 6, 2013
Civil Court of the City of New York, New York
County
Norfolk
Development LLC, Petitioner-Landlord,
against
Elizabeth Kee a/k/a RITA ELIZABETH KEE, 106 Norfolk
Street, Apartment No. 25 New York, New York 10002, Respondent-Tenant, RENATO
STABILE, "JOHN DOE"AND/OR"JANE DOE" Respondents-Undertenants.
L & T 76794/06
ROSE & ROSE
Attorneys for Petitioner
By: Todd A. Rose, Esq.
291 Broadway, 13th Floor
New York, New York 10007
SOKOLSKI & ZEKARIA, PC
Attorneys for Respondent
By: Daphna Zekaria, Esq.
305 Broadway, Suite 1004
New York, New York 10007
Sabrina B. Kraus, J.
BACKGROUND
NORFOLK DEVELOPMENT LLC ( Petitioner) commenced this
summary holdover proceeding to recover possession of 106 Norfolk Street, Apartment
25, New York, NY 10002 (Subject Premises) on the grounds that ELIZABETH
KEE (Respondent) did not occupy the Subject Premises as her primary residence.
After six years of litigation, including two interim appeals, This Court issued a decision
dated June 12, 2013, awarding Petitioner a final judgment [*2]of possession after trial, and staying execution of the
warrant through July 15, 2013. The warrant of eviction issued on July 1, 2013. On July 3,
2013, Respondent served and filed a notice of appeal. A Marshal's notice of eviction was
served on July 18, 2013. Respondent asserts that she did not received the notice as