Case Type

Holdover: Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Queens County (Queens)

L&T / Index / Case / Docket / Clerk's Number

L&T 311631-22/QU

Petitioner

Leonard Grossman

Respondent

Kalika Ragoonath

Judge

Guthrie, Clinton J.

Decision/Order Date

2023-11-22

Posture

Post-answer Motion by Tenant

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

Landlord sought to evict tenant based on a 90-day notice to terminate tenancy. Tenant denied the existence of a tenancy agreement. The court found that landlord failed to prove the existence of a tenancy agreement and dismissed the petition. Key Legal Points: 1) Petitioner must prove the existence of a tenancy agreement in a holdover proceeding; 2) Oral rental agreements are valid but must be proven by a preponderance of the evidence; 3) Discontinued HP cases have little preclusive value.

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