Case Type
Holdover-Licensee
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
305037/21
Slip Opinion Number
34637(U)
Petitioner
LESMHA LP
Respondent
ROBERT VASQUEZ; "JOHN DOE"; "JANE DOE"
Judge
Bacdayan, Karen May
Decision/Order Date
2023-05-16
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant in Part
Winner
Tenant Substantially Won
Synopsis
The landlord sought to evict the tenant through a holdover proceeding, claiming the tenant was a licensee who refused to sign a new lease. The tenant argued a valid 99-year lease existed with rent based on income, protected under the Rent Stabilization Law. The court denied the landlord's motion to dismiss the tenant's defenses and counterclaims, finding factual issues regarding the lease terms and rent calculation that precluded summary judgment for the landlord. The court also severed the tenant's request for attorney's fees from the case.
Recommended Citation
"LESMHA LP v. Vasquez" (2023). All Decisions. 1469.
https://ir.lawnet.fordham.edu/housing_court_all/1469
