Handsome Holdings, LLC v. Campbell, LT-44-21/HU

CourtNew York District Court
Writing for the CourtC. Stephen Hackeling, J.
Citation147 N.Y.S.3d 889 (Table),72 Misc.3d 1203 (A)
Docket NumberLT-44-21/HU
Decision Date24 June 2021
Parties HANDSOME HOLDINGS, LLC, Petitioner(s) v. Josette CAMPBELL, John Doe Jane Doe, Respondent(s)

72 Misc.3d 1203 (A)
147 N.Y.S.3d 889 (Table)

HANDSOME HOLDINGS, LLC, Petitioner(s)
v.

Josette CAMPBELL, John Doe Jane Doe, Respondent(s)

LT-44-21/HU

District Court, City of New York, New York, Suffolk County, Third District.

Decided on June 24, 2021


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. 1

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 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...

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