Case Type

Holdover-Licensee

Housing Type

Interim Multiple Dwelling

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

L&T 324743-24/KI

Slip Opinion Number

2025 NY Slip Op 52164(U)

Petitioner

470 Manhattan Avenue LLC.

Respondent

Danica Barboza, "JOHN DOE & JANE DOE" Undertenants

Judge

Ortiz, Javier E.

Decision/Order Date

2025-12-19

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this licensee holdover for an Interim Multiple Dwelling, the court granted the landlord's motion in its entirety. The tenant's personal jurisdiction defense was stricken because she asserted unrelated counterclaims for retaliatory eviction (inapplicable to non-tenants) and attorney's fees. The tenant's jury demand was also stricken, as the prior lease's jury waiver was a real covenant binding successors. The court granted discovery to the landlord regarding the tenant's succession defense and awarded ongoing use and occupancy under RPAPL § 745(2), finding landlord's good faith efforts to comply with Loft Law superseded the certificate of occupancy requirement. The tenant's cross-motion for summary judgment or a stay pending Loft Board action was denied due to a lack of evidence of pending administrative proceedings.

Keywords

Loft Law; Personal Jurisdiction Defense Waived If Unrelated Counterclaim Interposed; Retaliatory Eviction Unrelated Counterclaim If Asserted By Non-Tenant; Attorneys’ Fees Unrelated Counterclaim; Succession; Protected Occupant; Waiver Of Jury Trial Is A Real Covenant Which Binds Successors; RPAPL § 745(2) Granted; MDL § 302(1)(b); Certificate Of Occupancy; MDL §284; MDL §285; Stay Pending Administrative Proceedings

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