Case Type
Holdover-Non-primary Residence
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
571095/23
Slip Opinion Number
2024 NY Slip Op 50148(U)
Petitioner
Jemrock Realty Co., LLC
Respondent
Rabbi Shimshon Moshe Sternberg and "Jane" Sternberg
Judge
Hagler, P.J., Brigantti, Perez
Decision/Order Date
2024-02-15
Posture
Post-answer Motion by Landlord
Disposition
Case Dismissed/discontinued (against one tenant), Other (denied for remaining tenant)
Winner
Tenant Substantially Won
Synopsis
Landlord sued tenants (son and daughter-in-law of deceased tenant) claiming they didn't qualify for succession due to frequent absences from the apartment. Court denied landlord's motion for summary judgment, finding issues of fact regarding primary residence and excusable absences require a trial. Additionally, the younger tenant didn't qualify for the senior citizen co-occupancy exception. Key points: 1) Tenants seeking succession must prove primary residence. 2) Temporary absences may be excusable. 3) "Disabled person" exception requires proof of major life activity limitation. 4) Senior citizen co-occupancy only applies to tenants 62 or older at the original tenant's death.
Recommended Citation
"Jemrock Realty Co., LLC v. Sternberg" (2024). All Decisions. 1385.
https://ir.lawnet.fordham.edu/housing_court_all/1385
