Case Type
Holdover-Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County
L&T / Index / Case / Docket / Clerk's Number
LT-332098-23/Kl
Petitioner
Alexander Auguste Jr.
Respondent
Shakema D. Lee
Judge
Grant, Sulay K.
Decision/Order Date
2024-12-12
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The court granted summary judgment based on the petitioner and respondent’s relationship as a couple, living together with children in common. After the petitioner moved out, a Family Court child support order was issued. While no general familial eviction exception exists, the support obligation prevented maintaining the summary proceeding. However, the court denied respondent's motion for summary judgment on harassment, ruling that the two-family home status did not allow a rebuttable presumption of harassment. The court dismissed the entire case without opportunity to restore the harassment claim.
Recommended Citation
"Auguste v. Lee" (2024). All Decisions. 1712.
https://ir.lawnet.fordham.edu/housing_court_all/1712
