Oconnor v. Gallier

Gloria OConnor, the plaintiff herein, has moved this court for summary judgment on the grounds that no triable issues of fact exists and she is entitled to judgment as a matter of law as per CPLR 3212. Ms. OConnors underlying action, pursuant to RPAPL 601, is to eject the defendants who have been and continue to be in wrongful possession of the basement apartment at 1098 Park Place, Brooklyn, NY since May 31, 2004 despite having been served (on April 15, 2004) with a thirty day notice to vacate and demanded surrender. Ms. OConnor, as evidenced by her deed and divorce decree, became the sole fee owner of the subject property following the 1990 dissolution her marriage. Ms. OConnor asserts that since the subject premises are only a lawful two family house, the defendants occupancies of the basement is not permissible. In addition, the defendants have failed to pay for the reasonable use and occupancy thereof, which from March 1, 2004 to July 31, 2004 total to two-thousand ($2,000.00) dollars.