Case Type

Holdover-Licensee

Housing Type

Rent Controlled

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

L&T 76225/17

Slip Opinion Number

2025 NY Slip Op 34549(U)

Petitioner

515-517 WEST 171ST STREET LLC

Respondent

Leonardo Seguin

Judge

Guthrie, Clinton, J.

Decision/Order Date

2025-12-09

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

A landlord initiated a licensee holdover proceeding. The tenant, son of the former rent-controlled tenant, moved for summary judgment on his succession defense, claiming he primarily resided with his deceased father. The court granted the tenant's motion, finding sufficient evidence of co-residency for the statutory period, even considering the father's time in a nursing home before death. The landlord failed to raise material issues of fact, and the petition was dismissed, establishing the tenant's right to succeed to the rent-controlled tenancy.

Keywords

Succession; Date of Permanent Vacatur

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