Case Type

Holdover-Licensee

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

L&T 304182/23

Petitioner

Westbury 2101 LLC

Respondent

Antoine Jean Pierre, “John Doe”, “Jane Doe”

Judge

Sherman, Malikah

Decision/Order Date

2024-05-29

Posture

Post-answer Motion by Tenant

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

Landlord commenced a holdover proceeding against tenant, alleging tenant was a licensee of the deceased former tenant of record. The court granted tenant's motion to dismiss, finding landlord failed to establish tenant's status as a licensee and did not prove the former tenant's right to possession. The court dismissed the proceeding with prejudice, without determining the issue of succession rights raised by the tenant.

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