Holdover: Lease Expiration
Civil Court of the City of New York
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
Slip Opinion Number
Dumont Green LLC
Patsy Duncan, Anderson Duncan, J. Doe
Post-answer Motion by Tenant
Judgment for Landlord
Landlord Substantially Won
Landlord brought a holdover proceeding against tenant for failing to vacate the premises after the tenant of record passed away. Tenant claimed succession rights based on an alleged family-type relationship with the deceased tenant. Court applied the Braschi test and found tenant failed to meet her burden of proof to establish a family-type relationship. Judgment of possession granted to landlord. Key Legal Points: 1) Factors considered under the Braschi test to determine a family-type relationship; 2) Importance of providing concrete evidence to support a succession claim; 3) Being married to other people does not necessarily negate a family-type relationship, but it can weigh against a succession claim if other evidence is weak.
"Dumont Green LLC v. Duncan" (2023). All Decisions. 1332.