Case Type
Holdover-Licensee
Housing Type
Project Based Section 8
Court
Supreme Court, Appellate Term, Second Department
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
2024-807 Q C
Slip Opinion Number
2025 NY Slip Op 51973(U)
Petitioner
New York City Housing Authority-Latimer Gardens Houses
Respondent
Amanda Strobert, John Doe, Jane Doe
Judge
Buggs, Chereé A., Ottley, Lisa S., Quiñones, Joanne D.
Decision/Order Date
2025-12-05
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In this licensee holdover proceeding, the Appellate Term reversed the Civil Court's order which granted the tenant's motion for summary judgment dismissing the petition. The Appellate Term found that the 10-day notice to quit was legally sufficient under RPAPL 713(7), even though it did not specify how the former tenant of record vacated the apartment, as there is no requirement for such detail. The court also rejected the tenant's argument that the former tenant was a necessary party, noting that the tenant offered no affirmative proof the former tenant still possessed the apartment. The Appellate Term denied the tenant's motion for summary judgment.
Keywords
Licensee Holdover; Reasonable Notice Under Attendant Circumstances; RPAPL 713(7)
Recommended Citation
"New York City Housing Authority-Latimer Gardens Houses v. Strobert" (2025). All Decisions. 2065.
https://ir.lawnet.fordham.edu/housing_court_all/2065
