Case Type

Holdover-Lease Expiration

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 314710/23

Slip Opinion Number

2024 NY Slip Op 51579(U)

Petitioner

601 Seneca LLC

Respondent

Michael Karczewski, JOHN DOE, JANE DOE

Judge

Guthrie, Clinton J.

Decision/Order Date

2024-11-14

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this holdover proceeding based on a 90-day notice of termination, the tenant challenged the landlord’s claim that the building was not rent-stabilized. The tenant argued that the building was de facto rent-stabilized and part of a horizontal multiple dwelling with the neighboring building. The court granted the tenant's motion for discovery and denied the landlord's cross-motion for summary judgment. The court found that the tenant had raised valid defenses of de facto rent stabilization and horizontal multiple dwelling and that the landlord had not adequately rebutted these claims.

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