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
Recommended Citation
"Pechman v. Lane" (2025). All Decisions. 1834.
https://ir.lawnet.fordham.edu/housing_court_all/1834