Case Type

Holdover-Licensee

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

302419/25

Petitioner

FEDERAL NATIONAL MORTGAGE ASSOCIATION

Respondent

Sheila Goffe, Lashanna Edwin, Doris Edwin, Mrs. Jones, John Doe, Jane Doe

Judge

Slutzky, Elyssa O.

Decision/Order Date

2026-04-09

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

A landlord commenced a post-foreclosure holdover proceeding and moved to amend the caption to substitute a new owner as petitioner. The tenant cross-moved to dismiss for lack of standing, arguing the proposed new landlord was not the direct purchaser from the foreclosure sale. The court denied the landlord's motion and granted the tenant's cross-motion. It found that the proposed new landlord, being "one-step removed" from the original foreclosure purchaser, lacked standing under RPAPL §713(5) to maintain the proceeding. Consequently, the case was dismissed.

Keywords

Post-Foreclosure Licensee Holdover Under RPAPL § 713(5); New Owner’s Motion to Substitute Petitioner Denied; Respondent’s Cross-Motion to Dismiss Granted Because New Owner/Proposed Petitioner Is Not First Purchaser After Foreclosure

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