Case Type
Holdover-Licensee
Housing Type
Cooperative
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 314115/23
Slip Opinion Number
2024 NY Slip Op 50262(U)
Petitioner
Raquel Victoria, ADMINISTRATOR OF THE ESTATE OF RAMON L. VICTORIA
Respondent
Fidela Roxanne Victoria, et al.
Judge
Schiff, Logan J.
Decision/Order Date
2024-03-07
Posture
Post-answer Motion by Tenant
Disposition
Motion Denied for Landlord
Winner
Tenant Substantially Won
Synopsis
The court addressed a licensee holdover proceeding where the administrator of a cooperative apartment sought to evict occupants after the shareholder's death. The respondent, claiming partial ownership and residency, argued against the proceeding's jurisdiction in housing court. The court denied dismissal, citing that cooperative shares do not grant possession rights absent a proprietary lease transfer. Summary judgment for possession was denied due to insufficient evidence, with trial needed to determine the respondent's status as a licensee or otherwise.
Recommended Citation
"Victoria v. Victoria" (2024). All Decisions. 1590.
https://ir.lawnet.fordham.edu/housing_court_all/1590
