Case Type
Holdover-Licensee
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 310560/23
Slip Opinion Number
2024 NY Slip Op 51384(U)
Petitioner
Ash Ave LLC
Respondent
Wilder, David
Judge
Guthrie, Clinton J.
Decision/Order Date
2024-10-07
Posture
Post-answer Motion by Tenant
Disposition
Motion Denied
Winner
Mixed Decision
Synopsis
In this licensee holdover proceeding, the court denied the tenant's motion to dismiss, upholding the landlord's subject matter jurisdiction over the case. The tenant's claims of improper service and lack of personal jurisdiction were rejected due to insufficient detail in the denial of service. Additionally, the court found unresolved factual issues regarding the tenant's status as a tenant or licensee, necessitating a trial. The landlord's cross-motion for discovery and use and occupancy was also denied due to procedural shortcomings.
Recommended Citation
"Ash Ave LLC v. Wilder" (2024). All Decisions. 1637.
https://ir.lawnet.fordham.edu/housing_court_all/1637
