Case Type

Holdover-Licensee

Housing Type

Co-op

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

L&T 316511/23

Slip Opinion Number

2026 NY Slip Op 50014(U)

Petitioner

Edward J. Ford as trustee of the JOAN FORD REVOCABLE LIVING TRUST

Respondent

Pamela Cruz Ford, JOHN DOE, JANE DOE

Judge

Schiff, Logan J.

Decision/Order Date

2026-01-08

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The landlord, as trustee, commenced a holdover proceeding to evict the tenant from a cooperative apartment, alleging she was a licensee. After a trial, the court granted the tenant's oral motion for judgment as a matter of law and dismissed the petition. The court found that the tenant, who had been in exclusive possession since 1986, was a tenant at will entitled to a 30-day notice under RPL 228, which the landlord failed to serve. The court also ruled that judicial estoppel did not apply, as the prior related proceeding was voluntarily discontinued without a judgment.

Keywords

Licensee Holdover Dismissed After Trial; RPL § 228; Tenancy at Sufferance; Evidence; Ancient Documents Rule Applies to Authenticate Co-op Stock Certificates More than 30 Years Old; Judicial Estoppel Does not Apply to Litigation Positions Taken in Attorney Answer in Prior Holdover

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