Case Type
Holdover-Breach of Lease
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-55575-20/QU
Petitioner
HILLSIDE PARK 168 LLC
Respondent
ALMA G. ZEPEDA, JESSICA MICHELLE ZEPEDA, JOHN DOE & JANE DOE
Judge
BRYAN, DAVID J.
Decision/Order Date
2023-10-25
Posture
Pre-answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Other
Synopsis
In this holdover proceeding the landlord sought post-litigation rent and use and occupancy from the tenant. However, the tenant argued for dismissal, asserting mootness due to vacating the premises and the absence of a current lease. The court denied the landlord's motion, considering that since the tenant no longer resided in the premises, a summary proceeding for rent was not appropriate. The court granted the tenant's cross-motion to dismiss the petition, allowing the landlord to apply for a default warrant against the remaining occupants. Key legal point: A summary proceeding for rent is not appropriate against a tenant who no longer resides in the premises, even if other occupants remain, as it requires an award of possession against the specific tenant.
Recommended Citation
"HILLSIDE PARK 168 LLC v. ZEPEDA" (2023). All Decisions. 1376.
https://ir.lawnet.fordham.edu/housing_court_all/1376
