Case Type
Holdover: Licensee
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
320242/22 and 320243/22
Slip Opinion Number
2023 NY Slip Op 51275(U)
Petitioner
Mazal Grafton BH LLC
Respondent
Mary Power et al.
Judge
Weisberg, Michael L.
Decision/Order Date
2023-11-24
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Landlord brought a holdover proceeding against tenant, alleging tenant was a licensee, squatter, or assignee/sublessee. Landlord served a 90-day notice to terminate. Landlord failed to prove tenant was in occupancy pursuant to an agreement, or was a squatter, or was a licensee/assignee/sublessee. Court dismissed the petition. Key Legal Points: (1) Petitioner in a summary eviction proceeding must prove all elements of its cause of action. (2) Petition must comply with RPAPL 741 to provide sufficient facts upon which the proceeding is based.
Recommended Citation
"Mazal Grafton BH LLC v. Power" (2023). All Decisions. 1333.
https://ir.lawnet.fordham.edu/housing_court_all/1333
