Case Type

Holdover-Licensee

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

LT-304766-25/QU

Petitioner

CALVARY GRANDPARENTS RESIDENCE LLC

Respondent

Anthony Hicks, “JOHN DOE 1”, “JANE DOE 1”, “JOHN DOE 2”, “JANE DOE 2”

Judge

Dressler, Jordan M.

Decision/Order Date

2026-02-06

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The tenant moved to dismiss a licensee holdover proceeding, arguing the landlord failed to name the estate of the deceased tenant of record as a necessary party because an unexpired rent-stabilized lease was in effect. The landlord argued the estate was not a necessary party. The court, finding the landlord's own papers and oral arguments conceded a two-year lease term, determined an unexpired lease existed when the proceeding commenced. Granting the tenant's motion, the court dismissed the proceeding without prejudice, holding that the deceased tenant's estate was indeed a necessary party.

Keywords

Failure to Name Estate of Deceased Tenant as Necessary Party; Necessary Party vs. Proper Party Where Deceased Tenant's Renewal Lease is Unexpired at Time of Filing of Summary Proceeding

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