Case Type
Holdover-Other
Housing Type
Unregulated
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-319836-24/KI
Petitioner
ANGELA ASANTE AND ANITA ASANTE AS ADMINISTRATORS OF THE ESTATE OF JOHN ASANTE
Respondent
MARSHA WESTFIELD, SHAKIM MORRIS, EKECHI SPENCER, KIDANE SPENCER, "John" "Doe" and "Jane" "Doe"
Judge
Basu, Shantonu J.
Decision/Order Date
2025-06-09
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In a holdover proceeding, the tenant moved to dismiss for lack of standing, asserting the landlord, as administrators, transferred property title to themselves individually prior to commencement. The court found that a proceeding initiated by an improper party is a nullity and cannot be cured by amendment or substitution, as standing must exist at the time of commencement. Since the estate did not own the premises, the proceeding was dismissed without prejudice, denying the landlord's motions to amend and substitute as moot.
Keywords
Standing; Defective Service; Motion to Dismiss
Recommended Citation
"ANGELA ASANTE AND ANITA ASANTE AS ADMINISTRATORS OF THE ESTATE OF JOHN ASANTE v. WESTFIELD" (2025). All Decisions. 1829.
https://ir.lawnet.fordham.edu/housing_court_all/1829
