Stein v. Jeff's Express, Inc.

OPINION OF THE COURT

Memorandum.

Ordered that the matter is remitted to the Civil Court to hear and report whether occupants Jeff’s Express, Inc., Jeff’s Express, LLC and Oswald Jeffers, also known as Jeffers Iswald, were properly served with the petition and notice of petition, and the appeal is held in abeyance in the interim. The Civil Court shall file its report with all convenient speed.

Petitioners commenced this summary proceeding pursuant to RPAPL 713 (3) and (7) in September 2010 after service of a 10-day notice to quit alleging, as relevant to this appeal, that Jeffs Express, Inc.,…