Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
L&T 301348/25
Slip Opinion Number
2025 NY Slip Op 52081(U)
Petitioner
Acquisition America VII, LLC
Respondent
Eli Mizrahi-Aks, Matthew Shtaynberg, Sahar Paz, John Doe, Jane Doe
Judge
Guthrie, Clinton J.
Decision/Order Date
2025-12-12
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding premised on a 90-day termination notice for alleged nonpayment of rent, a tenant moved to dismiss, asserting he vacated the premises before the proceeding commenced. The court granted the tenant's motion, emphasizing that a summary holdover proceeding under RPAPL Article 7 is purely possessory and requires the tenant to be in physical possession at the time of commencement. As it was undisputed the tenant had permanently vacated, the court found the landlord lacked a cause of action for possession against him, dismissing the petition as to that tenant while reserving the landlord's monetary claims for a separate plenary action.
Keywords
GCEL; Nonpayment of Rent as Good Cause for Eviction; RPL § 216(1)(a)(i); Petition Fails to State Cause of Action Under RPAPL § 711(1) and Court Lacks Jurisdiction Over Tenant Who Permanently Vacated Before Proceeding Commenced
Recommended Citation
"Acquisition America VII, LLC v. Mizrahi-Aks" (2025). All Decisions. 2047.
https://ir.lawnet.fordham.edu/housing_court_all/2047
