Case Type
Succession
Housing Type
Mitchell-Lama
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
153475/22
Slip Opinion Number
2024 NY Slip Op 04484
Petitioner
Kermit Mantilla
Respondent
New York City Department of Housing Preservation and Development, M Plaza LP
Judge
Webber, J.P., Moulton, Friedman, González, Mendez, JJ.
Decision/Order Date
2024-09-19
Posture
Other
Disposition
Motion Denied for Tenant
Winner
Landlord Substantially Won
Synopsis
The landlord challenged the tenant's succession rights to a Mitchell-Lama apartment. The tenant argued that he resided with his brother in the apartment for at least one year prior to the brother's death. The court found that the tenant failed to provide sufficient documentation to establish primary residency. The court upheld the landlord's denial of the succession rights application.
Recommended Citation
"Matter of Mantilla v. New York City Dept. of Hous. Preserv. & Dev." (2024). All Decisions. 1623.
https://ir.lawnet.fordham.edu/housing_court_all/1623