Case Type
Holdover-Licensee
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 300056/24
Slip Opinion Number
2024 NY Slip Op 33494(U)
Petitioner
Greenport Preservation LP
Respondent
Tony Bennett
Judge
Schiff, Logan J.
Decision/Order Date
2024-10-02
Posture
Pre-answer Motion by Tenant
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
The court denies the tenant's motion to dismiss in this licensee holdover case, rejecting claims that the predicate notice was legally deficient or improperly served. It finds the notice sufficient, stating the tenant of record had died, which terminated any license, and provided 30 days to vacate instead of the required 10. The tenant can still assert succession rights at trial. The court also dismisses the argument regarding improper service, as the tenant failed to provide evidence to challenge the process server's affidavit, which establishes a presumption of proper service. These service issues do not affect the court's personal jurisdiction but relate to the sufficiency of the petition.
Recommended Citation
"Greenport Preservation LP v. Bennett" (2024). All Decisions. 1636.
https://ir.lawnet.fordham.edu/housing_court_all/1636
