Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
002127/24
Slip Opinion Number
2025 NY Slip Op 51123(U)
Petitioner
Kenneth McFarlane
Respondent
Germaine Hankins, et al
Judge
Weisberg, Michael L.
Decision/Order Date
2025-07-18
Posture
Post-answer Motion by Tenant
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
The court granted a tenant's motion to reargue a prior decision but, upon reargument, adhered to its original ruling. The tenant had sought to dismiss a "no grounds" holdover petition, arguing that the landlord vitiated the termination notice by accepting CityFHEPS payments after the tenancy was supposedly ended. The court found this situation distinct from precedents, as the rent was paid automatically by a third party (the Department of Social Services) rather than the tenant himself. Because the tenant was unaware of the payments, the landlord's acceptance did not send a "contrary message" that would nullify the termination notice. The court therefore denied the tenant's request for dismissal.
Keywords
Vitiation; Window Period; Motion to Reargue; CityFHEPS Payments Cashed During Window Period Did not Vitiate Notice of Termination
Recommended Citation
"McFarlane v. Hankins" (2025). All Decisions. 1891.
https://ir.lawnet.fordham.edu/housing_court_all/1891
