Case Type
Holdover-Licensee
Housing Type
Other
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570905/24
Slip Opinion Number
2025 NY Slip Op 51533(U)
Petitioner
Gemini Realty LLC
Respondent
David Miller
Judge
Brigantti; Tisch; James
Decision/Order Date
2025-09-29
Posture
Post-judgment Motion by Tenant
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
The Appellate Term affirmed a possessory judgment for the landlord in a licensee holdover proceeding, finding the tenant was a licensee whose license was revoked. The court applied judicial estoppel, preventing the tenant from asserting a landlord-tenant relationship after successfully denying one in a prior proceeding. Tenant's defense of landlord's lack of standing was deemed waived for not being raised timely. The denial of the tenant's post-trial motion to vacate the judgment was also affirmed, as the tenant failed to provide evidence supporting any superior title or right to continued occupancy.
Keywords
Licensee Holdover; Judgment in Favor of Landlord; Judicial Estoppel; Standing Defenses Waived; Motion to Vacate Judgment Denied
Recommended Citation
"Gemini Realty LLC v. Miller" (2025). All Decisions. 1972.
https://ir.lawnet.fordham.edu/housing_court_all/1972
