Case Type

Holdover-Licensee

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

328718/2023

Petitioner

2601-2609 Bainbridge Ave. LLC

Respondent

Phyllis Algernon & "JOHN DOE" & "JANE DOE"

Judge

Ibrahim, Shorab

Decision/Order Date

2024-03-12

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this holdover-licensee case in the Civil Court of the City of New York, Bronx County, the landlord sought to recover a rent-stabilized apartment, alleging that the tenant wrongfully continued occupancy after the termination of their leasehold interest. The tenant argued that she was a tenant at sufferance, not a mere licensee, as she had exclusive use of a portion of the apartment. The court emphasized that the burden of proof rested on the landlord to establish the tenant's status as a licensee. It further clarified the legal distinctions between a licensee and a tenant at sufferance. Ultimately, the court denied the landlord's motion for summary judgment, finding issues of fact regarding the nature of the tenant's occupancy, and granted the tenant's cross-motion to amend her answer to clarify her defense.

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