Case Type
Holdover-Breach of Lease
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
LT-309216-22/Kl
Petitioner
LAKE SUTTER AVE CORP
Respondent
STEPHEN MANNING, "JOHN DOE," "JANE DOE," "NYCHA SECTION 8"
Judge
McClanahan, Kevin
Decision/Order Date
2023-10-19
Posture
Pre-answer Motion by Tenant
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In this case, petitioner landlord filed a holdover proceeding seeking possession of the premises and a money judgment. The court granted summary judgment in favor of the respondent, dismissing the proceeding due to petitioner's failure to comply with service requirements, specifically in serving the New York City Housing Authority (NYCHA) as required by the Williams Consent Decree. The court emphasized that proper service on NYCHA was essential, and the failure to do so deprived the court of jurisdiction over NYCHA, rendering the proceeding invalid. As a result, the respondent substantially won the case, and the petition was dismissed.
Recommended Citation
"LAKE SUTTER AVE CORP v. MANNING" (2023). All Decisions. 1366.
https://ir.lawnet.fordham.edu/housing_court_all/1366