Case Type

Holdover-Licensee

Housing Type

Co-op

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

L&T 311470/22

Slip Opinion Number

2026 NY Slip Op 26067

Petitioner

Mutual Redevelopment Houses, Inc.

Respondent

Oraya Manyevitch, Frederick Lynn Mardis, John Doe, Jane Doe

Judge

Guthrie, Clinton, J

Decision/Order Date

2026-05-08

Posture

Other

Disposition

Other

Winner

Other

Synopsis

In a licensee holdover proceeding in a cooperative PHFL Article V (Mitchell-Lama), the landlord and tenant both moved for summary judgment regarding succession rights. Tenant, the spouse of a prior successor, was granted summary judgment, with the court finding she met spousal succession requirements under Section 210(d)(i) of the City Agreement, notwithstanding the prior successor's lack of formal shares or an occupancy agreement. The landlord's motion for summary judgment was granted against co-occupant, who failed to provide admissible evidence for Braschi-type succession, resulting in a possessory judgment against him. The petition was dismissed against John and Jane Doe. The court also holds that, unlike state- and city-assisted Mitchell-Lama cooperatives where DHCR and HPD have sole jurisdiction over succession claims, Housing Court has jurisdiction to decide succession under PHFL Article V.

Keywords

SJ Granted on Succession Claim in Housing Cooperative Organized Under Private Housing Finance Law (PHFL) Article V

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