WAS THIS A LANDLORD ATTEMPT TO EVICT?

Covid has hit landlords as well as tenants.

Tremada 201 E. 17th St. LLC v. Korn, Date filed: 2021-06-28, Court: Supreme Court, New York, Judge: Justice Frank Nervo,  Case Number: 150190/2021:

"Plaintiff seeks, inter alia, a temporary injunction requiring defendant to clean and remove Collyer conditions in her apartment, as well as provide plaintiff access to defendant’s apartment. Defendant opposes contending that plaintiff has not met its burden for an injunction, and that the matter, effectively seeking eviction, should be removed to Housing Court. Plaintiff, a 79 year-old, has lived in the subject apartment for approximately 45 years, and represents that she suffers physical disabilities. Although plaintiff initially sought, inter alia, the appointment of a guardian ad litem (hereinafter “GAL”), this Court was constrained to deny such relief, without prejudice to seeking same in the appropriate Court, as the instant matter was not brought in an Article 81 Guardianship Part of the Supreme Court. Defendant represents that Adult Protective Services has made a referral to bring a proceeding on her behalf in a Guardianship Part of this Court.

Before bringing this action, plaintiff brought a proceeding in Housing Court seeking ejectment of plaintiff (L&T 053260-20/NY). That Housing Court action remains pending, and the Housing Court has appointed a GAL to represent defendant’s interests (id.).

CPLR §325(d) provides that this Court may remove proceedings to a court of limited jurisdiction, where appropriate. Given the foregoing, the Court finds removal appropriate. Notwithstanding that plaintiff seeks various declaratory relief, the petition essentially seeks ejectment of defendant. Accordingly, removal to Housing Court is appropriate (see 3054 Godwin Terrace Realty Co. v. Armstrong, 190 AD2d 617 [1st Dept 1993])."