Case Type

Holdover-Non-primary Residence

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT59845/18

Slip Opinion Number

2025 NY Slip Op 51251(U)

Petitioner

700 Bklyn Realty LLC, 700 Bklyn 12 realty LLC, Oceanwalk Beach Bklyn Realty LLC, Oceanwalk Condo Bklyn Realty LLC, 780 Bkyln Realty LLC, Minnetoka III Bklyn Realty, LLC

Respondent

Forbes Lynch, Audrey Ellen Kerrigan, Emmani Lynch, Chantel Lynch, "John Doe" "Jane Doe"

Judge

Cohen, Hannah

Decision/Order Date

2025-08-08

Posture

Post-judgment Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The court granted the landlord a money judgment for legal fees and use and occupancy in a non-primary residence holdover. The tenant failed to appear or provide discovery, leading to a default judgment of possession for the landlord. The court found the landlord was the prevailing party and therefore entitled to fees under the lease. Citing public policy to discourage non-primary residence occupancy, the court awarded the landlord $54,780 in legal fees and a separate judgment of $65,298.97 for use and occupancy and eviction costs.

Keywords

Legal Fees Awarded to Landlord

Share

COinS