Case Type
Holdover-Owner’s Use
Housing Type
Other
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 307353/25
Slip Opinion Number
2026 NY Slip Op 50602(U)
Petitioner
Wilmington Savings Fund Society, FSB; Rajendra Jagnanan
Respondent
Spencer G. McFarlane, Himani Gupta, Madhur Gupta, Delon D. Blackman, Devon Blackman, Tiya Blackman, Harmam Singh, Sherwin Blackman, Barbara Blackman, John Doe(s), Jane Doe(s)
Judge
Guthrie, Clinton J.
Decision/Order Date
2026-04-27
Posture
Post-answer Motion by Landlord
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
A landlord bank commenced a post-foreclosure holdover proceeding under RPAPL § 713(5). After answers were filed, a subsequent purchaser of the property moved to be substituted as petitioner and for use and occupancy pendente lite. The court granted the substitution, finding the original landlord had standing at commencement and the new landlord met CPLR § 1018 requirements. However, the court denied the request for use and occupancy, as the statutory conditions under RPAPL § 745 for such an order had not yet been met. The new landlord bears the burden of proving proper commencement at trial.
Keywords
Post-Foreclosure Holdover Under RPAL § 713(5); Substitution of Parties Under CPLR 1018; New Purchaser After Foreclosure Met Requirements of CPLR 1018 to be Substituted as Petitioner; Newly Substituted Petitioner Still Bears Burden of Proving at Trial that Original Petitioner Bank Properly Commenced the Proceeding; Motion for Use and Occupancy Pendente Lite Under RPAL § 745 Denied
Recommended Citation
"Wilmington Savings Fund Society, FSB v. McFarlane" (2026). All Decisions. 2199.
https://ir.lawnet.fordham.edu/housing_court_all/2199
