Case Type

Holdover-Licensee

Housing Type

Condominium

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-339977-24/BX

Slip Opinion Number

2026 NY Slip Op 50086(U)

Petitioner

153 Valentine LLC

Respondent

Sheril Scott Hawkins a/k/a Sheryl Hawkins

Judge

Lutwak, Diane E.

Decision/Order Date

2026-01-27

Posture

Post-answer Motion by Landlord

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

In this post-foreclosure holdover, the landlord sought possession of a condominium unit from an occupant who was not a tenant. The landlord acquired title through a referee's deed after a foreclosure sale. The occupant argued the foreclosure was a legal nullity, rendering the landlord's title invalid, and also raised defenses of defective service, retaliatory eviction, and harassment. The court rejected the occupant's standing challenge, finding the foreclosure judgment and deed valid, as the prior court's "nullity" finding was limited and did not vacate the judgment. The court granted the landlord's motion for summary judgment and a judgment of possession, striking the occupant's defenses for lack of merit, noting retaliatory eviction does not apply to non-tenants and notes on a door do not constitute harassment.

Keywords

Answer Stricken; Insufficient Pleading; Retaliatory Eviction Does Not Apply to Non-Tenants; Leaving Notes on Apartment Door Does Not Constitute Harassment Under NYC Admin Code § 27-2004(48)

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