Case Type
Holdover-Other
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2024-296 K C
Slip Opinion Number
2025 NY Slip Op 50847(U)
Petitioner
Natale Family Trust
Respondent
Forrest Heidel, "John and/or Jane Doe"
Judge
Mundy, Marina Cora; Ottley, Lisa S.; Quiñones, Joanne D.
Decision/Order Date
2025-05-23
Posture
Other
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
The Appellate Term reversed a lower court's judgment that dismissed a landlord's holdover petition. The lower court had granted tenant summary judgment, finding the premises a rent-stabilized horizontal multiple dwelling, and denied the landlord's cross-motion to amend the petition to substitute a trustee for the trust as petitioner. The Appellate Term ruled that triable issues of fact existed regarding the horizontal multiple dwelling status, precluding summary judgment. It also held that a trust, while not a proper party, does not affect subject matter jurisdiction, allowing amendment to substitute the trustee. The case was remitted for further proceedings.
Keywords
Horizontal Multiple Dwelling ; Summary Judgment Reversed ; Amendment of Petition Allowed
Recommended Citation
"Natale Family Trust v. Heidel" (2025). All Decisions. 1964.
https://ir.lawnet.fordham.edu/housing_court_all/1964
