Smiley v. Williams

OPINION OF THE COURT

Sabrina B. Kraus, J.

Background

This summary holdover proceeding was commenced by Cosby B. Smiley (petitioner) and seeks to recover possession of “first floor/garden apartment” at 40 West 119th Street, New York, New York 10026 (subject premises) pursuant to RPAPL 713 (3) based on the allegation that Monroe Williams, sued herein as John Williams (respondent), is a squatter who entered and remained in possession without the permission of petitioner.

Procedural History

Petitioner commenced this proceeding by issuance of a notice to quit dated July 17, 2009, requiring respondent…