Case Type
Holdover-Licensee
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-327490-24/KI
Petitioner
365 MIDWOOD STREET LLC
Respondent
Diane B. Ballard, Ian Baptiste
Judge
Weisberg, Michael L.
Decision/Order Date
2025-12-18
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this post-foreclosure licensee holdover under RPAPL § 713(5), the court dismissed the landlord's petition after the tenant moved for dismissal. The landlord had failed to serve a predicate notice on movant Ian Baptiste, who was initially named as "John Doe." The court ruled that RPAPL § 713 requires service of the predicate notice on every respondent, including known occupants. Unlike RPAPL § 711 proceedings, a licensee's rights under RPAPL § 713 are not derivative of a lessee, making individual service mandatory for all respondents. The use of a pseudonym did not excuse the service requirement.
Keywords
Post-Foreclosure Licensee Holdover Under RPAPL § 713(5) Dismissed for Improper Use of Pseudonym “John Doe” Pursuant to CPLR 1024
Recommended Citation
"365 Midwood Street LLC v. Ballard" (2025). All Decisions. 2059.
https://ir.lawnet.fordham.edu/housing_court_all/2059
