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.

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