Case Type

Holdover-No Grounds

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-310976-23/KI

Petitioner

Welllife Network Inc.

Respondent

James McDaniel

Judge

Basu, Shantonu J.

Decision/Order Date

2024-03-04

Posture

Post-judgment Motion by Tenant

Disposition

Judgment and warrant vacated.

Winner

Landlord Substantially Won

Synopsis

Tenant's order to show cause denied. Landlord's application to discontinue granted pursuant to CPLP 3217. However, judge Basu notes that "housing accomodations with government contracted services and where these accomodations are occupied by vulnerable individuals…shall be considered tenants (RSC 2520.ii(j). Court probably did err treating tenant/respondent as sub-tenant, and so petitioner may not have been authorized under law to bring 'no grounds' holdover."

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