Case Type

Holdover-Licensee

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

L&T 313599-22

Petitioner

Westbury Flats LLC.

Respondent

Jean B. Larose, "John" "Doe" "Jane" "Doe"

Judge

Cohen, Hannah

Decision/Order Date

2023-11-17

Posture

Post-answer Motion by Landlord

Disposition

Motion Denied

Winner

Tenant Substantially Won

Synopsis

In this holdover licensee proceeding, the landlord sought possession of the premises, alleging that the respondent did not have a legal right to occupy the property. The respondent, represented by counsel, successfully filed a late answer asserting the affirmative defense of succession after appearing in court. Subsequently, the respondent moved for summary judgment, claiming succession rights. Despite several adjournments to allow the petitioner time to oppose the motion, no opposition was filed. The court, having not received any written opposition, granted summary judgment for the respondent, finding that succession had been proven and dismissing the petition. The landlord later sought to vacate its default, arguing that it was awaiting an investigative report that disputed the respondent's succession claim and presented new evidence. However, the court found that the landlord's failure to timely oppose the summary judgment motion was not excusable, as the investigative report was dated before the court's decision, and the landlord could have submitted evidence earlier. Consequently, the court denied the landlord's motion to vacate its default and rejected its request for reargument or renewal, affirming the previous decision in favor of the tenant.

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