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

311806-23/NY

Petitioner

Vendaval Realty LLC

Respondent

Isabel Carrasco, Joshua Nelson, Jaquan Hazel

Judge

Gonzalez, Alberto

Decision/Order Date

2024-11-13

Posture

Post-answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

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.

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