Case Type

Holdover-Breach of Lease

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

314030/2024

Slip Opinion Number

2025 NY Slip Op 50856(U)

Petitioner

Lev Realty Group, LLC

Respondent

Ahmed Nassar, JOHN DOE AND JANE DOE

Judge

Ibrahim, Shorab

Decision/Order Date

2025-05-28

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The court denied the tenant's motions to dismiss a holdover petition alleging unreasonable refusal of access for repairs. The court held that weekend access for repairs is permissible if the tenant consents or if Class C violations or other serious conditions requiring immediate repair exist. Further, the court ruled that the proceeding was not moot, even though the tenant eventually provided access and repairs were completed. While acknowledging that an eviction was unlikely given the cure, the court emphasized that the landlord still maintained a cause of action and was entitled to a trial to determine possessory rights as they existed at the commencement of the proceeding.

Keywords

Failure to give access; Weekend access allowed if tenant consents or if there are Class C violations; Proceeding not dismissed as moot even though tenant did give access and cured pre-trial

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