Case Type
Holdover-Licensee
Housing Type
Co-op
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-331710-23
Petitioner
Board of Directors for Kings Oak Terrace Coop. Apts. Inc.
Respondent
William Bersh a/k/a/ Bershadsky
Judge
BACDAYAN, KAREN MAY
Decision/Order Date
2024-08-12
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The landlord, Board of Directors for Kings Oak Terrace Coop. Apts. Inc., commenced a holdover licensee proceeding against the tenant, William Bersh, who was the licensee of the subject premises pursuant to an agreement with the previous shareholder, Sara Bersh. The tenant moved to dismiss the proceeding, arguing that the estate of Sara Bersh was a necessary party. The court agreed, finding that the estate of a deceased tenant is a necessary party to a holdover proceeding unless the lease has been terminated, cancelled, surrendered, or assigned. The court dismissed the proceeding without prejudice.
Recommended Citation
"Board of Directors for Kings Oak Terrace Coop. Apts. Inc. v Bersh" (2024). All Decisions. 1605.
https://ir.lawnet.fordham.edu/housing_court_all/1605
