Case Type
Holdover-Owner's Use
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-301142-23/NY
Slip Opinion Number
2024 NY Slip Op 51309(U)
Petitioner
David S. Singer
Respondent
Aiden J. Bezark, Victoria P. Heinlein, John Doe, Jane Doe
Judge
Kitson, Vijay, M.
Decision/Order Date
2024-06-11
Posture
Post-answer Motion by Tenant
Disposition
Trial to be scheduled
Winner
Landlord partially won
Synopsis
The rent stabilized tenant of record ("landlord" for the purposes of record structure on this project website) initiated a holdover proceeding against their subtenants, seeking to recover possession of the subject premises. The subtenants interposed an answer with affirmative defenses and counterclaims. The court denied the subtenants' motion for discovery and denied the landlord's motion for summary judgment. The court found that the subtenants failed to plead a valid illusory tenancy affirmative defense and that there were disputed issues of fact requiring trial regarding whether a month-to-month tenancy was created after expiration of the sublease agreement. The court also noted a material dispute regarding whether an email thread and some text messages between the parties constituted a sufficient notice of non-renewal.
Recommended Citation
"Singer v. Bezark" (2024). All Decisions. 1627.
https://ir.lawnet.fordham.edu/housing_court_all/1627
