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 313710-23

Slip Opinion Number

33724(U)

Petitioner

25-70 Realty LLC

Respondent

Jonathan Bajana, Jane Doe, John Doe

Judge

Schiff, Logan, J.

Decision/Order Date

2025-04-11

Posture

Other

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

In this licensee holdover proceeding, the landlord sought possession of a rent-stabilized apartment. The tenant asserted succession rights to his late father's tenancy, claiming co-residency during the relevant window period. After a trial, the court found the tenant failed to prove by a preponderance of the evidence that the apartment was his primary residence for the two years prior to his father's death. The court weighed testimony from disinterested witnesses and the tenant's mother. As succession rights were not established, the landlord was awarded a final judgment of possession and a money judgment for use and occupancy.

Keywords

Licensee Holdover; Succession Denied Due To Insufficient Evidence After Trial

Share

COinS