Case Type
Holdover-Other
Housing Type
Not Specified
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
313527-24
Slip Opinion Number
2025 NY Slip Op 31857(U)
Petitioner
DOROTHY RICKETTS
Respondent
ANTHONY HOLLOWAY, PAMELA DEL CARMEN PENA, "JOHN DOE", "JANE DOE"
Judge
Danescu, Madalina
Decision/Order Date
2025-05-23
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this no-grounds holdover proceeding, the court granted the tenant's motion to dismiss because the petition contained an incorrect description of the premises. The tenant provided conclusive evidence, including prior court records and physical apartment labels, that he resides on the third floor, Apartment 3, not the second floor, Apartment 2, as alleged by the landlord. The court rejected the landlord's argument that a 2012 lease with the incorrect address should control, citing established caselaw requiring an accurate description for marshal identification, and noting the landlord provided no personal knowledge to refute the tenant's claims.
Recommended Citation
"Ricketts v. Holloway" (2025). All Decisions. 1815.
https://ir.lawnet.fordham.edu/housing_court_all/1815
