Case Type
Holdover-Non-primary Residence
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
300202-20
Slip Opinion Number
2023 NY Slip Op 33760(U)
Petitioner
JOEL LEVIN AS SUCCESSOR TRUSTEE FOR ARNOLD GOLDSTEIN F/B/O SHARILYN GOLDSTEIN AND SAMSOM MANAGEMENT LLC
Respondent
MARILYN BRUST
Judge
Bacdayan, Karen May
Decision/Order Date
2023-01-25
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In this non-primary residence holdover proceeding concerning a rent-stabilized apartment, the landlord sought possession based on the tenant's failure to maintain the apartment as their primary residence. The tenant argued that by signing and returning the renewal lease offer, they waived the landlord's notice of non-renewal. However, the court denied the tenant's motion for summary judgment, ruling that it was an untimely motion to reargue or renew disguised as a summary judgment motion. The court further granted the landlord's motion for use and occupancy and for discovery, as they were unopposed by the tenant. The proceeding was marked off calendar for the completion of discovery, allowing either party to restore it to the trial calendar by giving notice. Key Legal Points: The court emphasized procedural requirements for summary judgment motions and granted the landlord's unopposed motions for use and occupancy and discovery.
Recommended Citation
"Levin v. Brust" (2023). All Decisions. 1373.
https://ir.lawnet.fordham.edu/housing_court_all/1373
