Case Type
Holdover-Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-300756-25/QU
Slip Opinion Number
2025 NY Slip Op 25171
Petitioner
11114 101 Ave Corp.
Respondent
Mike Ramlogan, SIRI KRISHNA CAITANYA, MANDIR INC., & XYZ CORP.
Judge
Kagan, Mark
Decision/Order Date
2025-07-28
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The court denied the tenant's motion to dismiss a holdover case, ruling that the petitioner, a new owner who acquired a foreclosed property, could properly proceed against the former owners as "tenants at sufferance." The tenant argued that no landlord-tenant relationship existed and therefore the case was improperly brought under RPAPL § 711. The court held that a tenancy at sufferance arises when an occupant remains after their possessory interest terminates, and the new owner's service of an RPL § 228 notice was the correct procedure to terminate this tenancy. The landlord's reference to the wrong statute in the petition was considered a minor error that did not prejudice the tenant's substantial rights.
Keywords
Tenancy at Sufferance; Foreclosure; RPL 228
Recommended Citation
"11114 101 Ave Corp. v. Ramlogan" (2025). All Decisions. 1885.
https://ir.lawnet.fordham.edu/housing_court_all/1885
