"Brazilia Leasing L.P. v. Watts"
 

Case Type

Holdover-Licensee

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Queens County (Queens)

L&T / Index / Case / Docket / Clerk's Number

311373-2024

Petitioner

Brazilia Leasing L.P.

Respondent

Alejandra Watts

Judge

Shorab, Ibrahim

Decision/Order Date

2025-04-29

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The court dismissed a licensee holdover petition after a fact-finding hearing to determine whether the petitioner had knowledge that the respondent lacked mailbox access. The respondent testified that she had informed the petitioner’s personnel of her lack of mailbox access in December 2023, and this testimony was unchallenged. The court found the respondent's testimony credible, and since the petitioner had knowledge of the lack of mailbox access at the time of service, the court ruled the service was improper. The petition was dismissed for lack of jurisdiction. Practice Note: Ensure service complies with jurisdictional requirements, especially when a tenant has no access to essential services like mail.

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