Case Type
Holdover-Licensee
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
L&T 311061/23
Petitioner
Kenneth Rosenblum
Respondent
Diana Treitler, Bruce Treitler, "JOHN AND JANE DOE"
Judge
Ortiz, Frances A.
Decision/Order Date
2024-04-01
Posture
Pre-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In this Holdover-Licensee case, the court granted the landlord's motion to strike the tenant's affirmative defenses alleging an oral life estate and a constructive trust. The court ruled that the oral agreement for a life estate did not comply with the statute of frauds, and the tenant failed to establish the elements of promissory estoppel or detrimental reliance. Additionally, the court found that the tenant did not meet the requirements for a constructive trust, as there was no promise, transfer, or unjust enrichment by the landlord. Therefore, the landlord substantially won the case, and the matter was scheduled for trial.
Recommended Citation
"Rosenblum v. Treitler" (2024). All Decisions. 1446.
https://ir.lawnet.fordham.edu/housing_court_all/1446
