FT171, LLC v. Itzkowitz et al
Filing
15
ORDER AND OPINION: As Defendant has not set forth a legal basis for removal, this action is hereby REMANDED in its entirety to the County of Rockland, Town of Ramapo Justice Court, Civil Term-Landlord Tenant Part The Clerk of the Court is respectf ully directed to close this case. The Clerk of the Court is further directed to mail a copy of this Order and Opinion to the pro se Defendants at the addresses listed below and file proof of service on the docket, and as further set forth in this order. Mail to: Hershy Itzkowitz, 47 Remsen, Mousey, NY 10952, Pearl Itzkowitz, 47 Remsen Ave, Mousey NY 10952, Aryeh Zaks, 18 Mountain Ave, Monsey NY 10952, Margaret Itzkowitz, 47 Remsen Ave, Monsey NY 10972. (Signed by Judge Nelson Stephen Roman on 3/29/2018) (ap)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FT! 71, LLC.,
Plaintiff,
l 8-cv-00542 (NSR)
-againstORDER AND OPINION
Hershy Itzkowitz, Pearl Itzkowitz, Margaret Itzkowitz,
AryehZaks
Defendants.
___________________________________,
NELSONS. ROMAN, United States District Judge:
Plaintiff, FT! 71, LLC commenced a post-foreclosure holdover eviction proceeding in the
Town of Ramapo Justice Court on January 3, 2018, alleging that Hershy Itzkowitz, Margaret
Itzkowitz, Pearl Itzkowitz, and Aryeh Zaks are in continued possession of one of his properties
without his consent or permission. Defendant Hershy Itzkowitz, with the written consent of all
other named Defendants, filed a notice of removal on January 22, 2018. (ECF No. I.)
After reviewing the record, this Comt determined that its subject matter jurisdiction over
the present action is likely lacking and issued an Order directing Defendants to show cause, on or
before February I 9, 2018, why this action should not be remanded to the Town of Ramapo
Justice Comt. (ECF No. 5.) Defendants Hershy Itzkowitz and Aryeh Zaks subsequently
submitted letters dated February 21, 2018, informing the Court that they never received the
previously issued Order to show cause. (ECF Nos. 7 & 8.) Accordingly, to provide Defendants
an opportunity to respond to said Order, the Court granted them an extension of time to March
15, 2018 to show cause why this action should not be remanded to state court. (ECF No. 12.)
Defendant Hershy Itzkowitz submitted a response to the Order, largely reiterating the same
JC SDNY
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