Case Type
Holdover-Licensee
Housing Type
Not Specified
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 300696/20
Petitioner
NYC Blue Management LLC
Respondent
Sonia S. Finn, et al
Judge
Schiff, Logan J.
Decision/Order Date
2023-12-04
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Landlord's attempt to evict former owner relying on a licensee holdover claim failed due to the absence of a valid license agreement. Inaction upon acquiring property doesn't create a license, and even if one existed, it became invalid when the property transferred to a successor-in-interest. The landlord's proper eviction remedy was under RPAPL 713(5), not licensee holdover provisions. Key Legal Points: 1. Lack of exclusive possession by former owner negates a license. 2. Successor-in-interest seeking eviction of former owner cannot use licensee holdover provision. 3. Legislature, not courts, must address potential gaps in eviction procedures for successors-in-interest.
Recommended Citation
"NYC Blue Management LLC v. Finn" (2023). All Decisions. 1303.
https://ir.lawnet.fordham.edu/housing_court_all/1303
