Case Type
Holdover-Licensee
Housing Type
Rent Stabilized
Court
Supreme Court, Appellate Term, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2024-1051 KC
Slip Opinion Number
2026 NY Slip Op 50693(U)
Petitioner
Newmont Properties, LP
Respondent
Yvonne Callender, John Doe, Jane Doe
Judge
Toussaint, Wavny, P.J.; Buggs, Cheree A.; Quinones, Joanne D.
Decision/Order Date
2026-03-20
Posture
Post-judgment Motion by Tenant
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
The Appellate Term affirmed a Civil Court final judgment awarding the landlord possession in a licensee summary proceeding. The tenant, the deceased tenant's wife, failed to establish succession rights to the rent-stabilized apartment. The court found that the tenant did not meet the burden of proof to show the apartment was her primary residence for two years prior to the tenant's death. Testimony from the building superintendent and documentary evidence, including the tenant's cell phone bills, credit card bills, and driver's license, supported the finding that the tenant did not primarily reside at the premises.
Keywords
Licensee Holdover; Succession Rights; Primary Residence; Burden of Proof Not Met
Recommended Citation
"Newmont Properties, LP v. Callender" (2026). All Decisions. 2225.
https://ir.lawnet.fordham.edu/housing_court_all/2225
