Case Type
Holdover-Licensee
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
L&T 305595/25
Slip Opinion Number
2025 NY Slip Op 51574(U)
Petitioner
G&L Realty Delaware LLC
Respondent
Thomas Schypior, "JOHN DOE," "JANE DOE"
Judge
Blinova, Yekaterina
Decision/Order Date
2025-09-29
Posture
Other
Disposition
Other
Winner
Other
Synopsis
In this licensee holdover, the court denied the tenant's motion to dismiss or stay the proceeding, asserting concurrent jurisdiction with DHCR over succession claims and declining to stay the eviction given the administrative complaint's nascent stage and lack of use and occupancy offer. The court also denied the landlord's cross-motion for summary judgment, which contended that the tenant's B-1/B-2 visa precluded primary residence and thus succession. Citing the visa's long duration and the tenant's several years of occupancy, the court found a triable issue of fact as to whether "unusual circumstances" existed to reconcile the visa status with a claim of primary residence for succession purposes.
Keywords
Pending DHCR Complaint Seeking Succession Does Not Deprive Housing Court of Jurisdiction; Motion to Stay Proceeding Under CPLR 2201 Denied
Recommended Citation
"G&L Realty Del. LLC v. Schypior" (2025). All Decisions. 1987.
https://ir.lawnet.fordham.edu/housing_court_all/1987
