Case Type
Holdover-Non-primary Residence
Housing Type
Rent Stabilized
Court
Supreme Court, Appellate Term, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570888/25
Slip Opinion Number
2025 NY Slip Op 51631(U)
Petitioner
138 West 46th Street Realty Co. LLC
Respondent
Bernadette Coen Hunter
Judge
Tisch, Perez, Alpert, Stoller, Jack
Decision/Order Date
2025-10-17
Posture
Post-judgment Motion by Landlord
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Term affirmed the dismissal of a landlord's holdover petition seeking to evict a rent-stabilized tenant for non-primary residence. The landlord based its claim on the tenant's two-year absence while recovering from a stroke in a rehabilitation facility. The court found the absence excusable for primary residence purposes, supported by evidence of the tenant's discharge plan and return. It further concluded that the landlord was not unfairly surprised by the tenant's medical condition defense, as the petition itself acknowledged the tenant's stroke and need for care, and the tenant's answer had raised the possibility of a reasonable accommodation.
Keywords
Non-Primary Residence Holdover; Excused Absence Due To Stay In Rehabilitation Facility
Recommended Citation
"138 W. 46th St. Realty Co. LLC v. Hunter" (2025). All Decisions. 2014.
https://ir.lawnet.fordham.edu/housing_court_all/2014
