Case Type
Holdover-Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
309275/24
Petitioner
WILMINGTON TRUST, NATIONAL ASSOCIATION BIT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF MFRA TRUST 2014-2
Respondent
NAZRODEEN ABDUL et al.
Judge
Slutzky, Elyssa O.
Decision/Order Date
2025-06-06
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In a post-foreclosure holdover, the landlord's motion to reargue was granted, restoring the proceeding after the court initially misapprehended that the landlord lacked standing as a "one-step removed" purchaser. The court clarified that as the direct recipient of the Referee's Deed following a foreclosure sale, the landlord possessed standing under RPAPL §713(5). Despite procedural defects in the reargument motion, which were excused, the tenant's motion to dismiss the landlord's monetary claims was granted due to the landlord's failure to include mandatory language seeking such claims in the Notice of Petition, prejudicing the tenant.
Keywords
Motion to Reargue Granted; Case Restored; Foreclosure; Referee’s Deed; Standing
Recommended Citation
"WILMINGTON TRUST, NA v. ABDUL" (2025). All Decisions. 1833.
https://ir.lawnet.fordham.edu/housing_court_all/1833
