Case Type

Holdover-Licensee

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

L&T 1316/24

Slip Opinion Number

2025 NY Slip Op 51203(U)

Petitioner

Syed A.H.

Respondent

A.S., AMARO ABDELATI, SAJDA BANO, S.H., W.H., K.H.

Judge

Guthrie, Clinton J.

Decision/Order Date

2025-07-24

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Other

Synopsis

The court granted a partial dismissal of the holdover petition, ruling that service of the predicate notice was defective for most respondents. While it denied the motion to dismiss for lack of subject matter jurisdiction, finding no per se family exception, it found that the notice was not properly served on five of the six respondents. The court also denied the motion to join the building owner, stating that the claim of an "illusory tenancy" was not viable as pleaded and that a succession claim was premature. The case will proceed to trial against the single remaining respondent who was properly served.

Keywords

Tenancy at Sufferance; Foreclosure; RPL 228

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