Case Type

Holdover-Licensee

Housing Type

Condominium

Court

Supreme Court, Appellate Term, First Department

County

New York County (Manhattan)

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

570859/25

Slip Opinion Number

2025 NY Slip Op 51615(U)

Petitioner

Norma Machado, As Executor of Richard Machado's Estate

Respondent

Maria Del Mar Machado

Judge

Tisch, Perez, Alpert

Decision/Order Date

2025-10-16

Posture

Other

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

In this licensee holdover proceeding, the Appellate Term affirmed the Civil Court's orders which granted the landlord summary judgment of possession of a condominium apartment and denied the tenant's motion to renew. The landlord sought to evict an adult daughter. The tenant's argument that a familial relationship exempts her from eviction as a licensee was rejected as improperly raised and lacking merit, as the RPAPL contains no such exemption. The court also found renewal properly denied because the purportedly new material was available at the time of the original motion and would not alter the prior decision.

Keywords

Licensee Holdover; Family Relationship Does Not Preclude Characterization as Licensee

Share

COinS