Case Type
Holdover-Licensee
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
L&T 318146-22/QU
Slip Opinion Number
2025 NY Slip Op 33725(U)
Petitioner
Park City; LLC
Respondent
Heriberto Rosado
Judge
Schiff; Logan J.
Decision/Order Date
2025-09-22
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this licensee holdover proceeding; the landlord sought possession of a rent-stabilized apartment after the tenant of record died. The respondent; the deceased tenant's son; asserted succession rights. The court deemed the respondent's incarceration an excusable temporary absence; modifying the relevant co-occupancy window. Despite the absence of admissible documentary evidence; the court found the respondent and his witnesses; particularly disinterested parties; credible and consistent; establishing co-residency by a preponderance of the evidence. The landlord failed to rebut this showing; leading the court to dismiss the petition in favor of the tenant.
Keywords
Licensee Holdover; Succession; Incarceration Qualifies as Excusable Temporary Absence; Succession Granted Based on Witness Testimony Without Documentary Evidence
Recommended Citation
"Park City; LLC v. Rosado" (2025). All Decisions. 2004.
https://ir.lawnet.fordham.edu/housing_court_all/2004
