Case Type

Holdover-Licensee

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

324962-23/NY

Petitioner

West Side Marquis LLC

Respondent

Lombard, Teri; Lombard, Alexander III; John Doe; Jane Doe

Judge

Gonzalez, Alberto

Decision/Order Date

2024-10-16

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this licensee holdover case, the court granted summary judgment dismissing the petition, ruling the respondent is a rent-stabilized tenant under a valid renewal lease, not a licensee. The court found the landlord misdescribed the apartment's regulatory status, violating RPAPL § 741. After the tenant of record died, the landlord issued a renewal lease for the respondent listing both the deceased tenant and the respondent. The court held that the respondent’s mother validly accepted the lease on his behalf, making the renewal binding under Rent Stabilization Code § 2523.5(a) and General Obligations Law § 5-703.

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