Azzat v. Abudayyeh
Decision Date | 06 July 2022 |
Docket Number | Index No. CV-000634-22/RI |
Citation | 76 Misc.3d 333,170 N.Y.S.3d 873 |
Parties | Mohamed AZZAT, Plaintiff, v. Ciara ABUDAYYEH and Anthony Weber, Defendants. |
Court | New York Civil Court |
Plaintiff's Counsel, Nicholas M. Moccia, 57 Beach Street, Floor 3, Staten Island, NY 10304, (718) 701-5772, nmoccia@nicholasmoccialaw.com
Brendan T. Lantry, J. Plaintiff Mohamed Azzat ("Plaintiff") moves this Court for an Order granting him a default judgment against Defendants Ciara Abudayyeh ("Abudayyeh") and Anthony Weber ("Weber") (collectively "Defendants") for their failure to answer the Complaint pursuant to CPLR § 3215. The Court hereby denies Plaintiff's motion.
Plaintiff commenced this Action by filing a Summons and Complaint on February 23, 2022. Plaintiff represents that he owns the premises located at 189 Mayberry Promenade, Basement, Staten Island NY 10312 ("Subject Premises"), which is a one family dwelling. According to the Plaintiff, the Defendants unlawfully reside at the Subject Premises and the Subject Premises "constitutes a second, illegal dwelling unit in Subject Premises." In the Summons and Complaint, Plaintiff alleges that "Defendants’ continued use and occupancy of the basement of the Subject Premises is illegal" and that Plaintiff elects to recover possession pursuant to Article 6 of the Real Property Actions and Proceeding Law ("RPAPL"). Plaintiff further contends that Defendants "have not paid any rent for over 3 years" and that this Court has subject matter jurisdiction over this ejectment proceeding since the "tax assessed value of the Subject Premises is $27,864.00."
Plaintiff represents that the Defendants were served with the Summons and Complaint pursuant to CPLR § 308(4) on March 11, 2022 at the Subject Premises and that service was complete pursuant to the statute on March 31, 2022, which is 10 days after the Affidavit of Service was filed with this Court on March 21, 2022. Plaintiff further mailed the Summons and Complaint to each Defendant pursuant to CPLR § 3215(g) on May 3, 2022. Plaintiff provides affidavits of service in support of his representations with respect to service. Based upon Defendants’ failure to answer or otherwise appear in this action, the Plaintiff requests that the Court enter a default judgment against the Defendants.
Pursuant to Civil Court Act ("CCA") § 203(j), this Court has jurisdiction over an action of ejectment where the assessed valuation of the real property does not exceed $25,000.00 when the action is commenced. Despite Plaintiff's contentions regarding this Court's jurisdiction, the Court finds that it does not have jurisdiction over this matter. Effective January 1, 2022, Article 6, Section 15 of the New York State Constitution was amended to expand the jurisdiction of this Court. Prior to its amendment, Article 6, Section 15 of the New York State Constitution previously read:
The court of city-wide civil jurisdiction of the city of New York shall have jurisdiction over the following classes of actions and proceedings which shall be originated in such court in the manner provided by law: actions and proceedings for the recovery of money, actions and proceedings for the recovery of chattels and actions and proceedings for the foreclosure of mechanics liens and liens on personal property where the amount sought to be recovered or the value of the property does not exceed twenty-five thousand dollars exclusive of interest and costs, or such smaller amount as may be fixed by law; over summary proceedings to recover possession of real property and to remove tenants therefrom and over such other actions and proceedings, not within the exclusive jurisdiction of the supreme court, as may be provided by law. The court of city-wide civil jurisdiction shall further exercise such equity jurisdiction as may be provided by law and its jurisdiction to enter judgment upon a counterclaim for the recovery of money only shall be unlimited. NY Const art. VI, § 15 (emphasis added.)
Pursuant to the amendment made effective on January 1, 2022, the New York State Constitution Article 6, Section 15 currently reads:
The court of city-wide civil jurisdiction of the city of New York shall have jurisdiction over the following classes of actions and proceedings which shall be originated in such court in the manner provided by law: actions and proceedings for the recovery of money, actions and proceedings for the recovery of chattels and actions and proceedings for the foreclosure of mechanics liens and liens on personal property where the amount sought to be recovered or the value of the property does not exceed fifty thousand dollars exclusive of interest and costs, or such smaller amount as may be fixed by law; over summary proceedings to recover possession of real property and to remove tenants therefrom and over such other actions and proceedings, not within the exclusive jurisdiction of the supreme court, as may be provided by law. The court of city-wide civil jurisdiction shall further exercise such equity jurisdiction as may be provided by law and its jurisdiction...
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