Case Type

Other

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Queens County (Queens)

L&T / Index / Case / Docket / Clerk's Number

LT-307041-23/QU

Slip Opinion Number

2025 NY Slip Op 51627(U)

Petitioner

Fernando Macias

Respondent

Virginia Macias, TEODORO ZUNIGA, "JOHN DOE", "JANE DOE"

Judge

Kitson, Vijay, M.

Decision/Order Date

2025-10-13

Posture

Pre-answer Motion by Tenant

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

The landlord initiated a summary holdover proceeding to evict the former spouse, categorized as a tenant at will or sufferance, after their divorce. The tenant sought dismissal, asserting lack of subject matter jurisdiction and a defective predicate notice. The court denied the dismissal motion, affirming its jurisdiction over tenancies at will or sufferance under RPAPL § 711(1) and RPL § 228, clarifying that the spousal support obligation did not preclude jurisdiction. Although the court granted the tenant leave to file a late answer, it proceeded to a summary determination, concluding that no triable issues of fact existed since the tenant had previously agreed to vacate the premises as part of their divorce settlement. Consequently, a judgment of possession was awarded to the landlord, with execution of the warrant stayed for several months.

Keywords

Tenancy At Will/Tenancy At Sufferance; RPL § 228; Housing Court Has Subject Matter Jurisdiction Over Holdover Terminating Tenancy At Will/Tenancy At Sufferance Where There Is No Support Obligation Between The Parties; Final Judgment Awarded To Petitioner Because Respondent Had Already Agreed To Vacate The Premises In Divorce Action

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