Case Type
Holdover-Other
Housing Type
Co-op
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-300363-26/QU
Slip Opinion Number
2026 NY Slip Op 32217(U)
Petitioner
Federal National Mortgage Association
Respondent
Mary Frame
Judge
Rina Gurung, J.
Decision/Order Date
2026-09-16
Posture
Post-Answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Petitioner brought this holdover under RPAPL §711(1) following a nonjudicial UCC Article 9 foreclosure of cooperative shares, but concedes it possesses neither the stock certificate nor the proprietary lease. To maintain a §711(1) proceeding, petitioner must qualify as a lessee entitled to possession under RPAPL §721(10). Entitlement to a lease is not the same as possession of one; without an executed proprietary lease from Bay Terrace Cooperative, petitioner lacks the possessory interest required for standing. Dismissed without prejudice. Cross-motion for summary judgment denied.
Keywords
Holdover; Coop; Former Shareholder; Standing; RPAPL § 721; RPAPL § 711(1); Nonjudicial Foreclosure; Stock Certificates; Proprietary Lease; Bank Lacks Standing; Petitioner Must Demonstrate Landlord-Tenant Relationship; Summary Judgment Cross-Motion Denied
Recommended Citation
"Federal Natl. Mtge. Assn. v. Frame" (2026). All Decisions. 2494.
https://ir.lawnet.fordham.edu/housing_court_all/2494
