Vendaval Realty LLC v. Carrasco

Synopsis

The landlord commenced a holdover proceeding against the tenant, alleging that the tenant was a licensee and not a rent-stabilized tenant. The tenant asserted a succession claim, arguing that they were entitled to succession rights as the son of the former tenant of record. The court denied the landlord's motion to strike the tenant's succession defense and for summary judgment, finding that there were disputed material facts. The court also found that the 10-day notice to quit was defective, both on its face and in terms of service. Accordingly, the court dismissed the petition without prejudice.