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

312184/23

Petitioner

Ocean Properties LLC

Respondent

Madeline Sierra

Judge

Harris, David A.

Decision/Order Date

2024-09-03

Posture

Post-answer Motion by Landlord

Disposition

Motion Denied

Winner

Tenant Substantially Won

Synopsis

The landlord initiated a holdover proceeding against the tenant, claiming that the tenant's license to occupy the apartment had terminated upon the death of the tenant of record. The tenant defended the proceeding by asserting that she was entitled to succeed to the tenancy pursuant to the Rent Stabilization Code. The court denied the landlord's motion for partial summary judgment, finding that the tenant's right to succeed to the tenancy was not extinguished by the terms of a prior stipulation and was protected by the Rent Stabilization Law and Code.

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