Case Type
Holdover-Lease Expiration
Housing Type
Unregulated
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 62798/19
Petitioner
St. Sebastian's Post #870 Catholic War Veterans of the United States of America, Inc.
Respondent
Wagner & Kelly, Inc., Rosa Velez, Rafael Cinto, Isabel Cinto, Ariel Cinto, "John Doe" & "Jane Doe"
Judge
Jimenez, Sergio
Decision/Order Date
2019-12-20
Posture
Pre-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
This case involved a holdover lease expiration dispute where the court ruled in favor of the tenant. The key legal point was the implication of the continuation of a tenancy on the same terms as the original lease when parties continue their landlord-tenant relationship without creating a new agreement, as established in City of New York v. Penn. R.R. Co. The court found that the failure to serve the Petition and Notice of Petition to the required address, as per the lease terms, was a crucial factor in granting the tenant's motion and dismissing the case for lack of personal jurisdiction.
Recommended Citation
"ST. SEBASTIAN'S POST #870 CATHOLIC WAR VETERANS OF THE UNITED STATES OF AMERICA, INC. v. WAGNER & KELLY, INC." (2019). All Decisions. 1512.
https://ir.lawnet.fordham.edu/housing_court_all/1512
