Tzifil Realty Corp. v. Mazrekaj, 89035/19

CourtNew York Civil Court
Writing for the CourtHeela D. Capell, J.
Citation72 Misc.3d 748,150 N.Y.S.3d 865
Parties TZIFIL REALTY CORP., v. Hassan "Andy" MAZREKAJ, Respondent.
Docket Number89035/19
Decision Date14 June 2021

72 Misc.3d 748
150 N.Y.S.3d 865

TZIFIL REALTY CORP.,
v.
Hassan "Andy" MAZREKAJ, Respondent.

89035/19

Civil Court, City of New York, Kings County.

Decided on June 14, 2021


Attorney for Petitioner: Felipe E. Orner, Esq., Philip Orner C.P.A. Attorney At Law, 7229 137th St, Flushing, NY 11367

Attorney for Respondent: Humbert Wong, Esq., Brooklyn Legal Services, 105 Court St Fl 4, Brooklyn, NY 11201

Heela D. Capell, J.

The Decision and Order on this motion is as follows:

Tzifil Realty Corp. ("Petitioner") commenced this holdover proceeding against Hassan "Andy" Mazrekaj ("Respondent"), seeking possession of 922 East 15th Street, Apt. 1C, Brooklyn, NY 11230 ("Premises") on the grounds that Petitioner terminated Respondent's employment as superintendent of the subject building. On December 28, 2020, while the proceeding was pending in the Resolution Part, the Governor signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, L. 2020, c. 381 ("CEEFPA") into law. CEEFPA initially stayed all summary
150 N.Y.S.3d 866
proceedings through May 1, 2021 for certain occupants of real property who filed a "Hardship Declaration" with the Court pursuant to Part A, § 6 of CEEFPA. CEEFPA was subsequently amended to extend this stay through August 31, 2021. (2021 NY SB 6362.)

This proceeding was transferred to Part O for trial on May 11, 2021. On that day, this court held a pre-trial conference with the parties and adjourned the proceeding for trial. On May 12, 2021, Respondent filed a Hardship Declaration, pursuant to CEEFPA, and checked the box corresponding to the following declaration:

"A. (x) I am experiencing financial hardship, and I am unable to pay my rent or other financial obligations under the lease in full or obtain alternative suitable permanent housing because of one or more of the following:

1. Significant loss of household income during the COVID-19 pandemic.

2. Increase in necessary out-of-pocket expenses related to performing essential work or related to health impacts during the COVID-19 pandemic.

3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member during the COVID-19 pandemic have negatively affected my ability or the ability of someone in my household to obtain meaningful employment or earn income or increased my necessary out-of-pocket expenses.

4. Moving expenses and difficulty I have securing alternative housing make it a hardship for me to relocate to another residence during the COVID-19 pandemic.

5. Other circumstances related to the
...

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3 practice notes
  • Ocean Bay Rad LLC v. Tolliver, 2021-21287
    • United States
    • New York Civil Court
    • 19 Octubre 2021
    ...a financial hardship" To such end, the statute must be interpreted by this court to carry out this end. Tzifil Realty Corp. v. Mazrekaj, 72 Misc.3d 748 (Civ Ct Kings Co, 2021). The original stipulation created a responsibility for the respondent to pay ongoing use and occupancy should they ......
  • Diamond Ridge Partners LLC v. Hanspal, Index No. LT-6528/17
    • United States
    • New York District Court
    • 14 Septiembre 2021
    ...defining the scope of "tenant" as contemplated by CEEFPA generally have been "intentionally expansive," Tzifil Realty Corp. v. Mazrekaj , 72 Misc.3d 748, 150 N.Y.S.3d 865 (2021). As a result, courts have "qualified" an individual asserting a colorable succession claim (The Realty Enter LLC ......
  • Windward Bora LLC v. Cohen, 18-CV-5997 (GRB)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 4 Noviembre 2021
    ...To such end, the statute must be interpreted by this court to carry out this end. Tzifil Realty Corp. v. Mazrekaj, 72 Misc.3d 748, 150 N.Y.S.3d 865 (Civ. Ct. Kings Co., Ocean Bay Rad LLC v. Tolliver, 2021 WL 4979375, at *1 (N.Y. Civ. Ct. Oct. 19, 2021) (expanding the applicability of the mo......
3 cases
  • Ocean Bay Rad LLC v. Tolliver, 2021-21287
    • United States
    • New York Civil Court
    • 19 Octubre 2021
    ...a financial hardship" To such end, the statute must be interpreted by this court to carry out this end. Tzifil Realty Corp. v. Mazrekaj, 72 Misc.3d 748 (Civ Ct Kings Co, 2021). The original stipulation created a responsibility for the respondent to pay ongoing use and occupancy should they ......
  • Diamond Ridge Partners LLC v. Hanspal, Index No. LT-6528/17
    • United States
    • New York District Court
    • 14 Septiembre 2021
    ...defining the scope of "tenant" as contemplated by CEEFPA generally have been "intentionally expansive," Tzifil Realty Corp. v. Mazrekaj , 72 Misc.3d 748, 150 N.Y.S.3d 865 (2021). As a result, courts have "qualified" an individual asserting a colorable succession claim (The Realty Enter LLC ......
  • Windward Bora LLC v. Cohen, 18-CV-5997 (GRB)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 4 Noviembre 2021
    ...To such end, the statute must be interpreted by this court to carry out this end. Tzifil Realty Corp. v. Mazrekaj, 72 Misc.3d 748, 150 N.Y.S.3d 865 (Civ. Ct. Kings Co., Ocean Bay Rad LLC v. Tolliver, 2021 WL 4979375, at *1 (N.Y. Civ. Ct. Oct. 19, 2021) (expanding the applicability of the mo......

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