Case Type

Holdover-Licensee

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

302619/20

Petitioner

JMP Properties LLC

Respondent

Theresa "Doe", "John Doe", "Jane Doe"

Judge

McClanahan, Kevin

Decision/Order Date

2023-10-25

Posture

Pre-answer Motion by Landlord

Disposition

Other

Winner

Other

Synopsis

In this case, the landlord JMP Properties LLC initiated a holdover-licensee proceeding concerning a rent-stabilized apartment following the death of the tenant of record. The court addressed procedural issues regarding notice and pseudonyms, emphasizing due diligence and adherence to procedural rules. While the court denied motions related to amendments without proper documentation, it granted the landlord's motion for discovery, requiring the tenant to provide specified documents and submit to a deposition. However, the court denied the landlord's motion for use and occupancy pendente lite due to the tenant's assertion of a warranty of habitability defense. Key Legal Points: Emphasis on procedural rules, due diligence, and relevance in addressing motions related to notice, pseudonyms, amendments, discovery, and use and occupancy pendente lite in a summary proceeding.

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