Preview
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 01/30/2024 PM INDEX
12:4702:31 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 17
4 RECEIVED NYSCEF: 05/09/2024
01/30/2024
1HLBOOK-01-3-B, 1/29/2024
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK: Housing Part
GARVALL HARRISON BOOKER, JR.
Petitioner(s)-Landlord(s), Index No. L&T
Notice of Holdover
-against- Petition - DWELLING
JOHN B. ARNOLD
STACEY ESKELIN a/k/a STACEY KEITH
Respondent(s)-Tenant(s) Petitioner Business Address:
Address:
2896 SHARON DRIVE
628 EAST 9TH STREET
ANN ARBOR, MI 48108
Apt. 3-B
NEW YORK, NY 10009
DOE'
'JOHN DOE'; 'JANE
Respondent(s)-Undertenant(s)
The landlord is suing you for eviction.
1. The landlord has started a holdover eviction case against you. That means the landlord says you should be
evicted for a reason other than not paying the rent. The landlord's reasons are given in the attached
Petition.
2. The landlord is asking this Court for:
" permission to evict you from the premises at
Apt. 3-B LOCATED AT 628 EAST 9TH STREET, NEW YORK, NY 10009
" and a money judgment for plus interest from 10/1/2023.
$6,560.00,
3. You must come to the Civil Court:
Date: Feb 21, 2024 Time: 9:30am
Address: 111 CENTRE STREET
NEW YORK, NY 10013
Room/Part: A / 526
Warning! If you don't come to court at this date and time, a judgment may be entered against you. If that
happens, the landlord will have the right to evict you. You have a right to postpone the case for 14 days, but
you have to come to court to ask for that.
4. In court, you may tell the judge the legal reasons that you should be allowed to stay in your home. The
legal reasons are called defenses. You can also say any claims you have against the landlord. You will have
to prove your defenses and claims in court. You can also give your Answer in writing.
- Chief Clerk, January 30, 2024 02:31 PM New York County Civil Court - Landlord and Tenant Divi
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FILED: NEW YORK COUNTY
CIVIL COURT
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LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 17
4 RECEIVED NYSCEF: 05/09/2024
01/30/2024
1HLBOOK-01-3-B, 1/29/2024
Information to help you Answer the Petition is available online at
nycourts.gov/housingnyc.
Important! If you don't tell the Clerk about a defense in your Answer you might not
be able to talk about it later in this case or any other case.
1. If your name is not on this Notice but you live in the home listed above, you have a
right to come to Court on the court date and tell the judge the legal reasons that you
should be allowed to stay in the home.
2. Available Resources:
" Legal Help: Under New York law, you be able to get a free lawyer to
City may
represent you in this case. Call 718-557-1379 or go to nycourts.gov/nyc-freelawyer
for information about getting free legal help. If you have money to hire a lawyer,
you can contact the New York City Bar Legal Referral Service at 212-626-7373.
" Language Help: If you don't speak English well or are deaf or hard of hearing, you
have a right to a free interpreter. Tell the Court Clerk you need an interpreter or call
646-386-5670. To read a translation of this Notice in another language visit:
646-386-5750: Informations concernant les expulsions " Pilore Pf "
E MaB!B M$8
iliti5!BB 9f R " =DopMaFuO o sucene=uu "
a# ch all OLN
OLW u5 a a " Enfòmasyon Konsènan Degèpisman " información sobre desalojos
nycourts.gov/housingnyc. For information on evictions:
" ADA Help: If you need a special accommodation to use the court because of a
disability, call 646-386-5300 or 711 (TTY) or tell a Court Clerk.
" Financial Help: If you owe the rent and don't have the money, contact HRA's
Infoline at 718- 557-1399 for more information about getting help to pay the
rent.
" at the Courthouse: There is a Help Center in the courthouse where you
Help
can speak to a Court Attorney or a Volunteer Lawyer.
" Online Help: Visit the Court's website at: nycourts.gov/housingnyc
Housing
(also available in Spanish and Chinese) or visit LawHelpNY at: lawhelpny.org.
Postponements and Rent Deposits. In court, you can ask to postpone your case. You have a right to
postpone the case for at least 14 days. If your case is not finished in 60 days or you ask to postpone
the case again, the court can order you to deposit money in court or make a rent payment to the
landlord. If you don't do this, your case may go to trial right away. RPAPL Sec. 745.
After Judgment. If the court orders a judgment against you after a trial, the court may give you time to
move. After that time is up, you will get a Notice of Eviction from a Marshal giving you at least 14 days
to leave. If you don't leave, you will be evicted by the Marshal. RPAPL Sec. 749(2).
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FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 01/30/2024 PM INDEX
12:4702:31 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 17
4 RECEIVED NYSCEF: 05/09/2024
01/30/2024
1HLBOOK-01-3-B, 1/29/2024
City of New York, County of NEW YORK
Dated: 1/29/2024
Clerk of the Civil Court of the City of New York: Alia Razzaq
Petitioner or Attorney for Petitioner: Hertz, Cherson & Rosenthal, PC
Address: 118-35 Queens Blvd., Ninth Fl.
Forest HillsNY11375
Telephone No. 718-269-7765
E-mail: THEFIRM@RHCRLAW.COM
Additional Mailing Address', if any:
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FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 01/30/2024 PM INDEX
12:4702:31 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 17
4 RECEIVED NYSCEF: 05/09/2024
01/30/2024
1HLBOOK-01-3-B, 1/29/2024
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK: Housing Part
---------------------------------------------x
GARVALL HARRISON BOOKER, JR.
Plaintiff/Petitioner,
- against - Index No.
JOHN B. ARNOLD
STACEY ESKELIN a/k/a STACEY KEITH
Respondent(s)-Tenant(s),
DOE'
'JOHN DOE'; 'JANE
Respondent(s)-(Undertenant(s))
_________--______________-______--________..-_______x
NOTICE OF ELECTRONIC FILING
(Consensual Case)
(Uniform Rule § 208.4-a)
You have received this Notice because:
" The Plaintiff/Petitioner, whose name is listed has filed this case using the New York
above,
State Courts e-filing system, and
" You are a Defendant/Respondent (a party) in this case.
Attorneys"
If you are represented by an attorney: give this Notice to your attorney (Attorneys: see "Information for
pg. 2).
If you are not represented by an attorney: you are not required to e-file. You may serve and file
documents in paper form and you must be served with documents in paper form. However, as a
party without an attorney, you may participate in e-filing.
Benefits of E-Filing
You can:
" serve and file your documents electronically
" view your case file on-line
" limit your number of trips to the courthouse
"
pay any court fees on-line.
There are no additional fees to file, view, or print your case records,
To sign up for e-filing or for more information about how e-filing works, you may:
" visit: www.nycourts.qov/efile-unrepresented or
" go to the Help Center or Clerk's Office at the court where the case was filed. To find legal information to
help you represent yourself visit www.nycourthelp.gov
Page 1 of 2 EFCIV-3
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FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 01/30/2024 PM INDEX
12:4702:31 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 17
4 RECEIVED NYSCEF: 05/09/2024
01/30/2024
1HLBOOK-01-3-B, 1/29/2024
Information for Attorneys
An attorney representing a party who is served with this notice must either
consent or decline consent to electronic filing and service through NYSCEF for
this case.
Attorneys registered with NYSCEF may record their consent electronically in the
manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but
intending to participate in e-filing must first create a NYSCEF account and obtain
a user ID and password prior to recording their consent by going to
www.nycourts.qov/efile.
Attorneys declining to consent must file with the court and serve on all parties of
record a declination of consent.
For additional information about electronic filing and to create a NYSCEF account,
visit the NYSCEF website at www.nycourts.qov/efile or contact the NYSCEF
Resource Center
(phone: 646-386-3033; e-mail: nyscef@,nycourts.qov).
Dated: 1/29/2024
MICHAEL C. ROSENTHAL, ESQ.
Hertz, Cherson & Rosenthal, PC
Attorneys at Law
118-35 Queens Blvd., Ninth Fl.
Forest Hills, NY 11375
718-269-7765
THEFIRM@RHCRLAW.COM
To: JOHN B. ARNOLD
STACEY ESKELIN a/k/a STACEY KEITH
DOE'
'JOHN DOE'; 'JANE
628 EAST9TH STREET
Apt.3-B
NEW YORK,NY 10009
7/19/19
Index # Page 2 of 2
EFCIV-3
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FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 01/29/2024 PM INDEX
12:4711:56 AMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 17
1 RECEIVED NYSCEF: 05/09/2024
01/29/2024
1HLBOOK-01-3-B, 1/29/2024
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK: Housing Part
GARVALL HARRISON BOOKER, JR.
Petitioner(s)-Landlord(s),
Index No. L&T
Petition Holdover
-against- DWELLING
JOHN B. ARNOLD
STACEY ESKELIN a/k/a STACEY KEITH
Respondent(s)-Tenant(s), Petitioner Business Address:
Address:
2896 SHARON DRIVE.
628 EAST 9TH STREET
ANN ARBOR, MI 48108
Apt. 3-B
NEW YORK, NY 10009
DOE'
'JOHN DOE'; 'JANE
Respondent(s)-Undertenant(s)
THE HOLDOVER PETITION OF GARVALL HARRISON BOOKER, JR., alleges, upon
information and belief:
1. Petitioner is the landlord of the premises.
2. Respondents JOHN B. ARNOLD and STACEY ESKELIN a/k/a STACEY KEITH are in
possession of said premises as MONTH to MONTH tenants.
DOE' DOE'
3. Respondents 'JOHN and 'JANE are the undertenants of the aforesaid
respondents.
4. The premises for which removal is sought are used for DWELLING purposes and are described
as follows: Apt. 3-B in building known as 628 EAST 9TH STREET, NEW YORK, NY 10009,
situated within the territorial jurisdiction of the Civil Court of The City of New York County of
NEW YORK.
5. The term for which said premises were occupied by the respondents expired on
1/19/2024 and the respondents continue in possession of the premises without permission
of the petitioner and/or landlord, after expiration of said term.
6. The apartment is decontrolled and not subject to the rent stabilization law, rent control or
the ETPA by virtue of being contained in a building that underwent a cooperative
conversion. Respondents rented the apartment after the cooperative conversion.
7. Prior to initiation of this proceeding Petitioner served upon Respondents notice
terminating the tenancy (a copy of which is annexed hereto along with the affidavits of
service & made a part of these pleadings), said notice advised Respondents if they did not
vacate timely that a summary proceeding for holding over would be initiated & more
specifically recites the grounds of this proceeding.
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FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
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LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 17
1 RECEIVED NYSCEF: 05/09/2024
01/29/2024
1HLBOOK-01-3-B, 1/29/2024
8. The premises are a multiple dwelling and pursuant to the Housing Maintenance Code
Article 41 there is a currently effective registration statement on file with the Office of
Code Enforcement which designates the managing agent named below, a natural person
over 21 years of age, to be in control of and responsible for maintenance and operation of
the dwelling.
Agent: RACHID KERDOUCHE Multiple Dwelling No. 128105
628 EAST 9TH STREET
NEW YORK, NY 10009
9. The Petitioner is entitled to the fair value of use and occupancy at $1,800.00 per month
from 10/1/2023 to 1/31/2024 totaling $6,560.00 with interest from 10/1/2023 for an
amount to be set by the Court as well as future use and occupancy.
WHEREFORE Petitioner requests a final judgment against respondents for possession,
awarding possession of the premises to petitioner landlord, and directing the issuance of a
warrant to remove respondents from possession of the premises together with costs and
disbursements of this proceeding, as well as judgment for rent arrears and/or use and
occupancy against respondents and use and occupancy to be set.
Dated: January 29, 2024 Petitioner GARVALL HARRISON BOOKER, JR.
STATE OF NEW YORK, COUNTY OF QUEENS. The Undersigned affirms under
penalty of perjury that she/he is one of the attorneys for petitioner, that she/he has read the
foregoing petition and knows the contents thereof: that the same are true to her/his own
knowledge except as to matters stated to be upon information and belief: and as to those
matters he believes them to be true. The grounds of his belief as to matters not stated upon
her/his knowledge are statements and/or records provided by the petitioner, its agents
and/or employees and contained in the file in the attorney office. This verification is made
pursuant to the provisions of RPAPL 741.
Dated: January 29, 2024 MICHAEL C. ROSENTHAL
Forest Hills, NY
Hertz, Cherson & Rosenthal, PC
Attorney for Petitioner
118-35 Queens Blvd., Ninth Fl.
Forest Hills, NY I1375
718-269-7765
THEFIRM(dtRHCRLAW.COM
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FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 01/29/2024 PM INDEX
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LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 17
1 RECEIVED NYSCEF: 05/09/2024
01/29/2024
NOTICE OF TERMINATION -
RESIDENTIAL
Re: premises located at 628 East 9th Street, New York, New York, Apartn1ent 3-B used
for Dwelling purposes.
Doe*"
TO: John B. Arnold and, "John
Doe*"
Stacey Eskelin a/k/a Stacey Keith "Jane
628 East 9th Street, Apt. 3-B Undertenants
New York, New York 10009 *Name of Tenant and/or Undertenant being
fictitious and unknown to petitioner, person
intended being in possession of the premises
herein described.
Or assigns, and every person in possession of the premises.
You are notified that the Landlord elects to terminate your of the above-
hereby tenancy
described premises, now held by you under monthly hiring, effective January 19, 2024. Unless
you remove from the said premises on January 19, 2024, the day on which your term expires, the
Landlord will commence summary proceedings under the Statute to remove you from said
premises for the holding over after the expiration of your term and will demand the value of your
use and occupancy of the premises during such holding over.
The apartment is decontrolled and not subject to the rent stabilization law, rent control or
the ETPA by virtue of being contained a building that underwent a cooperative conversion. You
rented the apartment after the cooperative conversion.
Dated; Ann Arbor, Michigan
. November 21, 2023
Garvall Harris n Booker, Jr., L rd
By: Garvall Harrison Booker, Jr.
Hertz, Cherson & Rosenthal, P.C.
Attorneys for Landlord
118-35 Queens Boulevard, Ninth Floor
Forest Hills, New York 11375
1HLBOOK-01/3-B(MCR)
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LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 17
1 RECEIVED NYSCEF: 05/09/2024
01/29/2024
STATE OF NEW YORK AFFIDAVIT OF CONSPICUOUS SERVICE
COUNTY OF NEW YORK
NOTICE OF TERMINATION - RESIDENTIAL
GARVALL HARRISON BOOKER, JR.
L&T INDEX NUMBER -
Petitioner
-against- Lawfirm File #: 1HLBOOK-01/3-B
Client: Hertz, Cherson & Rosenthal
JOHN B. ARNOLD & STACEY ESKELIN A/K/A
STACEY KEITH & JOHN DOE & JANE DOE
628 EAST 9TH STREET, APT. 3-B
NEW YORK , NY, 10009
Respondent
TRAVIS CUMMINGS, BEING DULY SWORN DEPOSES AND SAYS AS FOLLOWS:
THAT I AM NOT A PARTY TO THE WITHIN ACTION; AM A LICENSED PROCESS SER
Preview
FILED: NEW YORK COUNTY CIVIL COURT CLERK-05/09/2024 L&T 01/30/2024 PM INDEX 12:4702:31 PMNO.INDEX LT-301832-24/NY NO. 652327/2024 [HO] NYSCEF DOC. NO. 17 4 RECEIVED NYSCEF: 05/09/2024 01/30/2024 1HLBOOK-01-3-B, 1/29/2024 CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK: Housing Part GARVALL HARRISON BOOKER, JR. Petitioner(s)-Landlord(s), Index No. L&T Notice of Holdover -against- Petition - DWELLING JOHN B. ARNOLD STACEY ESKELIN a/k/a STACEY KEITH Respondent(s)-Tenant(s) Petitioner Business Address: Address: 2896 SHARON DRIVE 628 EAST 9TH STREET ANN ARBOR, MI 48108 Apt. 3-B NEW YORK, NY 10009 DOE' 'JOHN DOE'; 'JANE Respondent(s)-Undertenant(s) The landlord is suing you for eviction. 1. The landlord has started a holdover eviction case against you. That means the landlord says you should be evicted for a reason other than not paying the rent. The landlord's reasons are given in the attached Petition. 2. The landlord is asking this Court for: " permission to evict you from the premises at Apt. 3-B LOCATED AT 628 EAST 9TH STREET, NEW YORK, NY 10009 " and a money judgment for plus interest from 10/1/2023. $6,560.00, 3. You must come to the Civil Court: Date: Feb 21, 2024 Time: 9:30am Address: 111 CENTRE STREET NEW YORK, NY 10013 Room/Part: A / 526 Warning! If you don't come to court at this date and time, a judgment may be entered against you. If that happens, the landlord will have the right to evict you. You have a right to postpone the case for 14 days, but you have to come to court to ask for that. 4. In court, you may tell the judge the legal reasons that you should be allowed to stay in your home. The legal reasons are called defenses. You can also say any claims you have against the landlord. You will have to prove your defenses and claims in court. You can also give your Answer in writing. - Chief Clerk, January 30, 2024 02:31 PM New York County Civil Court - Landlord and Tenant Divi 1 of 5 FILED: NEW YORK COUNTY CIVIL COURT CLERK-05/09/2024 L&T 01/30/2024 PM INDEX 12:4702:31 PMNO.INDEX LT-301832-24/NY NO. 652327/2024 [HO] NYSCEF DOC. NO. 17 4 RECEIVED NYSCEF: 05/09/2024 01/30/2024 1HLBOOK-01-3-B, 1/29/2024 Information to help you Answer the Petition is available online at nycourts.gov/housingnyc. Important! If you don't tell the Clerk about a defense in your Answer you might not be able to talk about it later in this case or any other case. 1. If your name is not on this Notice but you live in the home listed above, you have a right to come to Court on the court date and tell the judge the legal reasons that you should be allowed to stay in the home. 2. Available Resources: " Legal Help: Under New York law, you be able to get a free lawyer to City may represent you in this case. Call 718-557-1379 or go to nycourts.gov/nyc-freelawyer for information about getting free legal help. If you have money to hire a lawyer, you can contact the New York City Bar Legal Referral Service at 212-626-7373. " Language Help: If you don't speak English well or are deaf or hard of hearing, you have a right to a free interpreter. Tell the Court Clerk you need an interpreter or call 646-386-5670. To read a translation of this Notice in another language visit: 646-386-5750: Informations concernant les expulsions " Pilore Pf " E MaB!B M$8 iliti5!BB 9f R " =DopMaFuO o sucene=uu " a# ch all OLN OLW u5 a a " Enfòmasyon Konsènan Degèpisman " información sobre desalojos nycourts.gov/housingnyc. For information on evictions: " ADA Help: If you need a special accommodation to use the court because of a disability, call 646-386-5300 or 711 (TTY) or tell a Court Clerk. " Financial Help: If you owe the rent and don't have the money, contact HRA's Infoline at 718- 557-1399 for more information about getting help to pay the rent. " at the Courthouse: There is a Help Center in the courthouse where you Help can speak to a Court Attorney or a Volunteer Lawyer. " Online Help: Visit the Court's website at: nycourts.gov/housingnyc Housing (also available in Spanish and Chinese) or visit LawHelpNY at: lawhelpny.org. Postponements and Rent Deposits. In court, you can ask to postpone your case. You have a right to postpone the case for at least 14 days. If your case is not finished in 60 days or you ask to postpone the case again, the court can order you to deposit money in court or make a rent payment to the landlord. If you don't do this, your case may go to trial right away. RPAPL Sec. 745. After Judgment. If the court orders a judgment against you after a trial, the court may give you time to move. After that time is up, you will get a Notice of Eviction from a Marshal giving you at least 14 days to leave. If you don't leave, you will be evicted by the Marshal. RPAPL Sec. 749(2). 2 of 5 FILED: NEW YORK COUNTY CIVIL COURT CLERK-05/09/2024 L&T 01/30/2024 PM INDEX 12:4702:31 PMNO.INDEX LT-301832-24/NY NO. 652327/2024 [HO] NYSCEF DOC. NO. 17 4 RECEIVED NYSCEF: 05/09/2024 01/30/2024 1HLBOOK-01-3-B, 1/29/2024 City of New York, County of NEW YORK Dated: 1/29/2024 Clerk of the Civil Court of the City of New York: Alia Razzaq Petitioner or Attorney for Petitioner: Hertz, Cherson & Rosenthal, PC Address: 118-35 Queens Blvd., Ninth Fl. Forest HillsNY11375 Telephone No. 718-269-7765 E-mail: THEFIRM@RHCRLAW.COM Additional Mailing Address', if any: 3 of 5 FILED: NEW YORK COUNTY CIVIL COURT CLERK-05/09/2024 L&T 01/30/2024 PM INDEX 12:4702:31 PMNO.INDEX LT-301832-24/NY NO. 652327/2024 [HO] NYSCEF DOC. NO. 17 4 RECEIVED NYSCEF: 05/09/2024 01/30/2024 1HLBOOK-01-3-B, 1/29/2024 CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK: Housing Part ---------------------------------------------x GARVALL HARRISON BOOKER, JR. Plaintiff/Petitioner, - against - Index No. JOHN B. ARNOLD STACEY ESKELIN a/k/a STACEY KEITH Respondent(s)-Tenant(s), DOE' 'JOHN DOE'; 'JANE Respondent(s)-(Undertenant(s)) _________--______________-______--________..-_______x NOTICE OF ELECTRONIC FILING (Consensual Case) (Uniform Rule § 208.4-a) You have received this Notice because: " The Plaintiff/Petitioner, whose name is listed has filed this case using the New York above, State Courts e-filing system, and " You are a Defendant/Respondent (a party) in this case. Attorneys" If you are represented by an attorney: give this Notice to your attorney (Attorneys: see "Information for pg. 2). If you are not represented by an attorney: you are not required to e-file. You may serve and file documents in paper form and you must be served with documents in paper form. However, as a party without an attorney, you may participate in e-filing. Benefits of E-Filing You can: " serve and file your documents electronically " view your case file on-line " limit your number of trips to the courthouse " pay any court fees on-line. There are no additional fees to file, view, or print your case records, To sign up for e-filing or for more information about how e-filing works, you may: " visit: www.nycourts.qov/efile-unrepresented or " go to the Help Center or Clerk's Office at the court where the case was filed. To find legal information to help you represent yourself visit www.nycourthelp.gov Page 1 of 2 EFCIV-3 4 of 5 FILED: NEW YORK COUNTY CIVIL COURT CLERK-05/09/2024 L&T 01/30/2024 PM INDEX 12:4702:31 PMNO.INDEX LT-301832-24/NY NO. 652327/2024 [HO] NYSCEF DOC. NO. 17 4 RECEIVED NYSCEF: 05/09/2024 01/30/2024 1HLBOOK-01-3-B, 1/29/2024 Information for Attorneys An attorney representing a party who is served with this notice must either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts.qov/efile. Attorneys declining to consent must file with the court and serve on all parties of record a declination of consent. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.qov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nyscef@,nycourts.qov). Dated: 1/29/2024 MICHAEL C. ROSENTHAL, ESQ. Hertz, Cherson & Rosenthal, PC Attorneys at Law 118-35 Queens Blvd., Ninth Fl. Forest Hills, NY 11375 718-269-7765 THEFIRM@RHCRLAW.COM To: JOHN B. ARNOLD STACEY ESKELIN a/k/a STACEY KEITH DOE' 'JOHN DOE'; 'JANE 628 EAST9TH STREET Apt.3-B NEW YORK,NY 10009 7/19/19 Index # Page 2 of 2 EFCIV-3 5 of 5 FILED: NEW YORK COUNTY CIVIL COURT CLERK-05/09/2024 L&T 01/29/2024 PM INDEX 12:4711:56 AMNO.INDEX LT-301832-24/NY NO. 652327/2024 [HO] NYSCEF DOC. NO. 17 1 RECEIVED NYSCEF: 05/09/2024 01/29/2024 1HLBOOK-01-3-B, 1/29/2024 CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK: Housing Part GARVALL HARRISON BOOKER, JR. Petitioner(s)-Landlord(s), Index No. L&T Petition Holdover -against- DWELLING JOHN B. ARNOLD STACEY ESKELIN a/k/a STACEY KEITH Respondent(s)-Tenant(s), Petitioner Business Address: Address: 2896 SHARON DRIVE. 628 EAST 9TH STREET ANN ARBOR, MI 48108 Apt. 3-B NEW YORK, NY 10009 DOE' 'JOHN DOE'; 'JANE Respondent(s)-Undertenant(s) THE HOLDOVER PETITION OF GARVALL HARRISON BOOKER, JR., alleges, upon information and belief: 1. Petitioner is the landlord of the premises. 2. Respondents JOHN B. ARNOLD and STACEY ESKELIN a/k/a STACEY KEITH are in possession of said premises as MONTH to MONTH tenants. DOE' DOE' 3. Respondents 'JOHN and 'JANE are the undertenants of the aforesaid respondents. 4. The premises for which removal is sought are used for DWELLING purposes and are described as follows: Apt. 3-B in building known as 628 EAST 9TH STREET, NEW YORK, NY 10009, situated within the territorial jurisdiction of the Civil Court of The City of New York County of NEW YORK. 5. The term for which said premises were occupied by the respondents expired on 1/19/2024 and the respondents continue in possession of the premises without permission of the petitioner and/or landlord, after expiration of said term. 6. The apartment is decontrolled and not subject to the rent stabilization law, rent control or the ETPA by virtue of being contained in a building that underwent a cooperative conversion. Respondents rented the apartment after the cooperative conversion. 7. Prior to initiation of this proceeding Petitioner served upon Respondents notice terminating the tenancy (a copy of which is annexed hereto along with the affidavits of service & made a part of these pleadings), said notice advised Respondents if they did not vacate timely that a summary proceeding for holding over would be initiated & more specifically recites the grounds of this proceeding. 1 of 9 FILED: NEW YORK COUNTY CIVIL COURT CLERK-05/09/2024 L&T 01/29/2024 PM INDEX 12:4711:56 AMNO.INDEX LT-301832-24/NY NO. 652327/2024 [HO] NYSCEF DOC. NO. 17 1 RECEIVED NYSCEF: 05/09/2024 01/29/2024 1HLBOOK-01-3-B, 1/29/2024 8. The premises are a multiple dwelling and pursuant to the Housing Maintenance Code Article 41 there is a currently effective registration statement on file with the Office of Code Enforcement which designates the managing agent named below, a natural person over 21 years of age, to be in control of and responsible for maintenance and operation of the dwelling. Agent: RACHID KERDOUCHE Multiple Dwelling No. 128105 628 EAST 9TH STREET NEW YORK, NY 10009 9. The Petitioner is entitled to the fair value of use and occupancy at $1,800.00 per month from 10/1/2023 to 1/31/2024 totaling $6,560.00 with interest from 10/1/2023 for an amount to be set by the Court as well as future use and occupancy. WHEREFORE Petitioner requests a final judgment against respondents for possession, awarding possession of the premises to petitioner landlord, and directing the issuance of a warrant to remove respondents from possession of the premises together with costs and disbursements of this proceeding, as well as judgment for rent arrears and/or use and occupancy against respondents and use and occupancy to be set. Dated: January 29, 2024 Petitioner GARVALL HARRISON BOOKER, JR. STATE OF NEW YORK, COUNTY OF QUEENS. The Undersigned affirms under penalty of perjury that she/he is one of the attorneys for petitioner, that she/he has read the foregoing petition and knows the contents thereof: that the same are true to her/his own knowledge except as to matters stated to be upon information and belief: and as to those matters he believes them to be true. The grounds of his belief as to matters not stated upon her/his knowledge are statements and/or records provided by the petitioner, its agents and/or employees and contained in the file in the attorney office. This verification is made pursuant to the provisions of RPAPL 741. Dated: January 29, 2024 MICHAEL C. ROSENTHAL Forest Hills, NY Hertz, Cherson & Rosenthal, PC Attorney for Petitioner 118-35 Queens Blvd., Ninth Fl. Forest Hills, NY I1375 718-269-7765 THEFIRM(dtRHCRLAW.COM 2 of 9 FILED: NEW YORK COUNTY CIVIL COURT CLERK-05/09/2024 L&T 01/29/2024 PM INDEX 12:4711:56 AMNO.INDEX LT-301832-24/NY NO. 652327/2024 [HO] NYSCEF DOC. NO. 17 1 RECEIVED NYSCEF: 05/09/2024 01/29/2024 NOTICE OF TERMINATION - RESIDENTIAL Re: premises located at 628 East 9th Street, New York, New York, Apartn1ent 3-B used for Dwelling purposes. Doe*" TO: John B. Arnold and, "John Doe*" Stacey Eskelin a/k/a Stacey Keith "Jane 628 East 9th Street, Apt. 3-B Undertenants New York, New York 10009 *Name of Tenant and/or Undertenant being fictitious and unknown to petitioner, person intended being in possession of the premises herein described. Or assigns, and every person in possession of the premises. You are notified that the Landlord elects to terminate your of the above- hereby tenancy described premises, now held by you under monthly hiring, effective January 19, 2024. Unless you remove from the said premises on January 19, 2024, the day on which your term expires, the Landlord will commence summary proceedings under the Statute to remove you from said premises for the holding over after the expiration of your term and will demand the value of your use and occupancy of the premises during such holding over. The apartment is decontrolled and not subject to the rent stabilization law, rent control or the ETPA by virtue of being contained a building that underwent a cooperative conversion. You rented the apartment after the cooperative conversion. Dated; Ann Arbor, Michigan . November 21, 2023 Garvall Harris n Booker, Jr., L rd By: Garvall Harrison Booker, Jr. Hertz, Cherson & Rosenthal, P.C. Attorneys for Landlord 118-35 Queens Boulevard, Ninth Floor Forest Hills, New York 11375 1HLBOOK-01/3-B(MCR) 3 of 9 FILED: NEW YORK COUNTY CIVIL COURT CLERK-05/09/2024 L&T 01/29/2024 PM INDEX 12:4711:56 AMNO.INDEX LT-301832-24/NY NO. 652327/2024 [HO] NYSCEF DOC. NO. 17 1 RECEIVED NYSCEF: 05/09/2024 01/29/2024 STATE OF NEW YORK AFFIDAVIT OF CONSPICUOUS SERVICE COUNTY OF NEW YORK NOTICE OF TERMINATION - RESIDENTIAL GARVALL HARRISON BOOKER, JR. L&T INDEX NUMBER - Petitioner -against- Lawfirm File #: 1HLBOOK-01/3-B Client: Hertz, Cherson & Rosenthal JOHN B. ARNOLD & STACEY ESKELIN A/K/A STACEY KEITH & JOHN DOE & JANE DOE 628 EAST 9TH STREET, APT. 3-B NEW YORK , NY, 10009 Respondent TRAVIS CUMMINGS, BEING DULY SWORN DEPOSES AND SAYS AS FOLLOWS: THAT I AM NOT A PARTY TO THE WITHIN ACTION; AM A LICENSED PROCESS SER