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Motta v. Sheehan

Tenant Restored to Possession of Premises in Illegal Lockout by Receiver

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PROCEDURAL HISTORY:

*1  Petitioner commenced this proceeding by Order to Show Cause in Lieu of Petition and Notice of Petition seeking to be restored to possession of the premises located at 2414 Lodovide Avenue, Bronx, New York 10469 and for return of all the contents of the apartment. It is important to note that Petitioner commenced two cases — instant case against Larry Sheehan, and another against her ex-husband, Joseph Motta (L&T Index No. 807923/17). The order to show cause was first returnable on September 12, 2017. The matter was adjourned to September 19, 2017 for Mr. Sheehan to obtain counsel. The file was marked “final against Respondent.” The interim order required “Respondent to provide by tomorrow (9/13/17) to Petitioner the full name, address and phone number of the entity which removed Petitioner’s property from the subject premises.” Petitioner alleged that her medications were removed from the premises and the medications could not be readily refilled.On September 19, 2017, Respondent appeared by counsel and a trial commenced. (FTR Counter 9:50:02). The trial was continued to September 26, 2017. On September 26, 2017, respondent’s counsel requested an adjournment and alleged that respondent was sick. The trial was then adjourned to September 27, 2017 at 2:30pm and the trial continued and concludedTHE HEARING:This Court recognizes the complicated relationship and legal history between the parties. During the trial, both parties elicited testimony outside of the limited scope of this proceeding. This Court will not address or determine any issues other than whether an illegal eviction occurred under NY Amin Code 26-521.Petitioner’s Case:Petitioner appeared pro-se. She was sworn in and testified. Ms. Motta testified that the subject premises were the marital home of her and her husband, Joseph Motta. She testified that there was a final Decision and Order of Divorce in a matrimonial case (Supreme Court Bronx Co. Index No. 3360/11) and that the parties were no longer married.

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