"Pechman v. Lane"
 

Case Type

Holdover-Other

Housing Type

Co-op

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

LT-301446-25/NY

Slip Opinion Number

2025 NY Slip Op 50932(U)

Petitioner

Louis Pechman and DOREEN PECHMAN

Respondent

Nancy Lane

Judge

Meyers, Adam R.

Decision/Order Date

2025-06-07

Posture

Post-judgment Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In a holdover proceeding initiated by new co-op shareholders who acquired shares via judicial execution, the court denied their motion to set aside a prior order denying a default judgment. The landlord incorrectly predicated the holdover on RPAPL § 713(1) and § 713(7), arguing the former proprietary lessee was a licensee. The court reaffirmed that these sections do not apply to former proprietary lessees; rather, RPAPL § 711(1) for holdover tenants is the proper vehicle. The court emphasized that cooperative shares are considered personal property for these purposes, preventing the application of "real property" sale provisions under RPAPL § 713(1).

Keywords

New co-op shareholder/lessee’s standing to evict prior lessee; RPAPL § 711(1) & RPAPL § 721(10); Default judgment after inquest denied and petition dismissed for failure to state a cause of action

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