Case Type
Holdover-Licensee
Housing Type
Rent Controlled
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
309354/22
Petitioner
551 NOSTRAND LLC
Respondent
SHANE MATTHEWS s/h/a CHAN MATHIWI
Judge
Harris, David A.
Decision/Order Date
2023-04-15
Posture
Post-trial Motion
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In this holdover-licensee case, the landlord sought possession of a rent-controlled apartment after the tenant of record, the mother of the respondent, passed away. The landlord argued that the respondent was a licensee whose right to occupy the apartment had expired upon the tenant’s death. The tenant countered with testimony from family and friends asserting he lived in the apartment as his primary residence for the two years preceding his mother's death, despite the lack of documentary evidence. The court found the tenant’s testimony credible and concluded that he was entitled to succeed as the tenant, granting judgment in his favor. The case highlights the importance of testimonial evidence in succession claims, even when documentary evidence is sparse.
Recommended Citation
"551 NOSTRAND LLC v. SHANE MATTHEWS s/h/a CHAN MATHIWI" (2023). All Decisions. 1765.
https://ir.lawnet.fordham.edu/housing_court_all/1765
