Case Type
Holdover-Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-339366-23/BX
Petitioner
Fatimatou Isso
Respondent
Moustapha Soulemane, Fadjima Mamah
Judge
Garland, Christel F.
Decision/Order Date
2026-05-12
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court dismissed the landlord's holdover petition based on res judicata, finding that a prior trial determined the tenants were lawful occupants directly with the landlord, not the landlord's roommates, licensees, or month-to-month tenants. The original occupancy agreement for the low-income unit listed all parties as occupants, indicating the landlord misrepresented the relationship during the apartment application. The court concluded the landlord had no superior possessory rights to evict the tenants and ordered a hearing for the tenants' legal fees due to the landlord's frivolous conduct in commencing the proceeding.
Keywords
Res Judicata; Holdover Dismissed Because Factual Findings at Trial in Prior Proceeding Precluded Petitioner’s Cause of Action; Petitioner Misrepresented Relationship to Respondents in Application for Low-income Unit
Recommended Citation
"Isso v. Soulemane and Mamah" (2026). All Decisions. 2214.
https://ir.lawnet.fordham.edu/housing_court_all/2214
