Case Type

Holdover-Licensee

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

LT-319985-24/NY

Slip Opinion Number

2025 NY Slip Op 33972(U)

Petitioner

GYS PROPERTIES II , LLC

Respondent

RUTH WALTON, CHARLIE RUFFIN, "JOHN DOE l", "JANE DOE 2", MARY WALTON, SANDY WALTON, JAMAL WAL TON, ANTHONY WAL TON, "JOHN DOE 2'', ''JANE DOE 2"

Judge

Chinea, Daniele

Decision/Order Date

2025-10-27

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

A landlord initiated a holdover proceeding, alleging occupants were licensees. The tenants moved to dismiss, contending they were tenants at sufferance or at will, thus requiring a 30-day notice of termination under RPL § 228, not the 10-day notice served. The landlord argued a prior Appellate Division decision, which found tenants were not rent-stabilized, estopped this claim. The court disagreed, holding that prior findings did not preclude the tenants from arguing non-licensee status. Recognizing the tenants had exclusive possession, the court determined they were improperly classified as licensees, rendering the 10-day notice insufficient and dismissing the petition without prejudice.

Keywords

Licensee Holdover, Tenants At Will/At Sufferance, Estoppel, RPL § 228, Notice To Quit Insufficient

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