Holdover: Lease Expiration
Civil Court of the City of New York
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
Guthrie, Clinton J.
Post-answer Motion by Tenant
Judgment for Tenant
Tenant Substantially Won
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.
"Grossman v. Ragoonath" (2023). All Decisions. 1338.