Case Type
Holdover-Non-primary Residence
Housing Type
Co-op
Court
Supreme Court, Appellate Term, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570794/25
Slip Opinion Number
2026 NY Slip Op 50041(U)
Petitioner
875 River View Realty LLC
Respondent
Joanna Rose Marzullo
Judge
James, P., Tisch, , Perez,
Decision/Order Date
2026-01-20
Posture
Post-answer Motion by Tenant
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
In this holdover proceeding, the Appellate Term affirmed the Civil Court's denial of the tenant's motions for summary judgment, which sought to dismiss the landlord's petition. The tenant argued the current proceeding was precluded by res judicata, citing a prior holdover proceeding dismissed for lack of standing. However, the court ruled that a dismissal for lack of standing is not a final determination on the merits, thus res judicata was inapplicable. The court also rejected the tenant's mootness claim regarding a renewal lease due to triable issues of fact, and upheld the denial of a subsequent partial summary judgment motion based on the rule against successive motions for summary judgment.
Keywords
Res Judicata Not Applicable When Prior Case Dismissed Without Prejudice
Recommended Citation
"875 Riv. View Realty LLC v. Marzullo" (2026). All Decisions. 2086.
https://ir.lawnet.fordham.edu/housing_court_all/2086
