| Itc Bargains, Inc. v Madeleine Ngoundou |
| Motion No: 2010-00797 kc |
| Slip Opinion No: 2010 NY Slip Op 74677(U) |
| Decided on June 8, 2010 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MARSHA L. STEINHARDT, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| ITC Bargains, Inc., Respondent, v Madeleine Ngoundou, Appellant, Madue Hair Salon & Braiding and Mado Beauty Salon & Supplies, Inc., Tenants. |
Motion by appellant Madeleine Ngoundou for an order granting her access to remove her personal belongings and goods from the premises, and motion by appellant for leave to file late reply papers, on an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 5, 2010.
Upon the papers filed in support of the motions and the papers filed in opposition to the motion for an order granting access, it is,
ORDERED, on the court's own motion, that the motions by appellant are consolidated for purposes of disposition; and it is further,
ORDERED that the motion by appellant to file a late reply is granted and the reply papers are deemed timely served and filed; and it is further,
ORDERED that the motion by appellant for an order granting her access to remove her personal belongings and goods from the premises is denied with leave to appellant to move to reargue her motion in the Civil Court for an order seeking access.
Under a warrant issued in a summary proceeding, a landlord is entitled only to possession of the real property involved therein and has no right to use or retain the personal property of the
tenant left on the premises (see Congregation Anshe Sefard of Keap Street, Inc. v Title Guarantee & Trust Co., 291 NY 35, 39 [1943]; Reich v Cochran, 114 App Div 141, 142 [1906]; 3 Dolan, Rasch's Landlord and Tenant-Summary Proceedings § 46:11, at 200 [4th ed]). The Civil Court has the same jurisdiction as the Supreme Court would have in like actions and proceedings to grant access (see CCA 212).
ENTER:
Marsha L. Steinhardt
Associate Justice