Case Type
Holdover-Licensee
Housing Type
Rent Stabilized
Court
Supreme Court, Appellate Term, First Department
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
570383/26
Slip Opinion Number
2026 NY Slip Op 50759(U)
Petitioner
940 Corp.
Respondent
Ander Lamonthe, John Doe, Jane Doe
Judge
James, Brigantti, Perez
Decision/Order Date
2026-05-20
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The Appellate Term reversed a lower court order in a licensee holdover proceeding, granting the landlord's renewed motion for summary judgment of possession. The renewal was based on new facts: the dismissal of the tenant's Article 78 challenge to the DHCR determination denying succession rights. The court held that the tenant, not being a tenant, lacked standing to assert retaliatory eviction under RPL § 223-b and that harassment under NYC Admin. Code § 27-2004(a)(48) is not a defense to a possessory claim, without prejudice to raising it elsewhere.
Keywords
Licensee Holdover; Motion To Renew Granted On Appeal Based On New Facts; CPLR § 2221; DHCR Determination Denying Succession; Respondent Lacks Standing To Assert Retaliatory Eviction Because Not A Tenant; Harassment Not A Defense To A Possessory Claim
Recommended Citation
"940 Corp. v. Lamonthe" (2026). All Decisions. 2223.
https://ir.lawnet.fordham.edu/housing_court_all/2223
