Case Type
Holdover-Non-primary Residence
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-313032-25/KI
Petitioner
Spring Creek Apartments Preservation
Respondent
Patricia Roper, John Doe, Jane Doe
Judge
Basu, Shantonu
Decision/Order Date
2026-01-12
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Other
Synopsis
Handwritten Opinion. In this holdover proceeding, the court granted the tenant's unopposed motion to amend their answer but struck the traverse defense, reasoning that a pro se litigant should have known to raise it initially. The court noted the landlord was considering the tenant's succession claim and, without a specific discovery motion, directed the landlord to issue discovery demands and the tenant to comply. This decision highlights issues with pro se defenses and the court's proactive role in discovery for succession claims.
Keywords
Traverse Defense Waived Because Not Raised In Pro Se Answer; Succession; Discovery Ordered Without Discovery Motion
Recommended Citation
"Spring Creek Apartments Preservation v. Roper" (2026). All Decisions. 2120.
https://ir.lawnet.fordham.edu/housing_court_all/2120
