Four Quarters Inc v Davis (2021 NY Slip Op 50978(U))
[*1]
Four Quarters Inc v Davis
2021 NY Slip Op 50978(U) [73 Misc 3d 1208(A)]
Decided on October 15, 2021
City Court of Mount Vernon
Williams, 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This opinion is uncorrected and will not be
published in the printed Official Reports.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 October 15, 2021
City Court of Mount Vernon
Four Quarters Inc,
Petitioner-Landlord,
against
Sharon Davis, Respondent-Tenant.
Index No. 0209-21
David I Rifas, Esq.
Attorney for Petitioner
271 North
Avenue, Suite 117
New Rochelle, New York 10801
Sharon Davis
Mount
Vernon, N.Y. 10550-3309
Lyndon D. Williams, J.
Petitioner (Four Quarters Inc.) commenced this nonpayment proceeding on March 26, 2021
seeking to recover rental arrears in the amount of $6,505.00 for periods from January 2020
through January 2021 and the issuance of a warrant of eviction and judgment of possession
against Respondent (Sharon Davis), along with $180.00 for attorney fees. The Petition alleges,
inter alia, that the premises are not subject to rent control or the Emergency Tenant
Protection Act of 1974 (EPTA) because the building in which the Premises are located was
constructed after December 31, 1973.
The case first appeared on the court's calendar on April 20, 2021. The Respondent did not
appear and the matter was adjourned to May 19, 2021. On that date, the matter was again
adjourned to May 26, 2021. On May 26, 2021 both parties appeared. Respondent disputed the
alleged rents in arrears, asserting that she paid her share of the Section 8 rents and would provide
proof of payment. The court referred Respondent to Legal Services of the Hudson Valley