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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)

Citation
Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)
Parent Document
Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)
Jurisdiction
New York (state)
Effective Date
2021-01-21

Full Text

1,722 chars
Pursuant to the NY Constitution, Supreme Court has "original, unlimited and unqualified jurisdiction, [and] is competent to entertain all causes of actions unless its jurisdiction has been specifically proscribed" (Dickerson v Thompson, 73 AD3d 52, 56 [2010] [internal quotation marks, brackets and citations omitted]; see NY Const, art VI, § 7; Lacks v Lacks, 41 NY2d at 75). By statute, a landlord may maintain a special proceeding to remove a tenant who "continues in possession of any portion of the premises after the expiration of his [or her] term, without the permission of the landlord" (RPAPL 711 [1]; see Liberty Equity Restoration Corp. v Pil Soung Park, 129 AD3d 787, 789 [2015]; Matter of Cat Hollow Estates, Inc. v Savoia, 46 AD3d 1293, 1294 [2007]). Through the constitutional grant of broad authority, Supreme Court may entertain such special proceedings to remove tenants (see Matter of Piccione, 57 NY2d 278, 290 [1982]). Although certain executive orders that were issued by the Governor and administrative orders that were issued by the Chief Administrative Judge in response to the COVID-19 global pandemic may have temporarily suspended summary eviction proceedings or limited the ability of courts to take certain steps within them (see e.g. Executive Order [Cuomo] No. 8 [9 NYCRR 8.202.8]; Executive Order [Cuomo] No. 66 [9 NYCRR 8.202.66]; Admin Order of Chief Admin Judge of Cts AO/68/20; Admin Order of Chief Admin Judge of Cts AO/160A/20), those orders did not divest Supreme Court of, or proscribe, its jurisdiction to hear such proceedings (see Dickerson v Thompson, 73 AD3d at 56). Thus, Supreme Court had subject matter jurisdiction over this proceeding (see Lacks v Lacks, 41 NY2d at 75).