Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

LT-316938-25/QU

Petitioner

RAYMOND ZHUANG

Respondent

ANTHONY T. PENA, BARBARA PENA, JOHN DOE, JANE DOE

Judge

Guthrie, Clinton J.

Decision/Order Date

2026-05-18

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The Civil Court dismissed this no-grounds holdover because the lease lacked a conditional limitation permitting the landlord to terminate the tenancy early. The court found the relevant lease provisions did not "provide that the term of the lease will automatically expire upon the lapse of time fixed in the notice," as required. Without a valid conditional limitation, the landlord lacked a cause of action, citing Fourth Hous. Co., Inc v Bowers and 1900 Albermarle, LLC v Solon.

Keywords

Conditional Limitation; No Provision Permitting Petitioner to Terminate Lease Early; No-Grounds Holdover; Fourth Housing Co. v Bowers; 1900 Albermarle v Solon

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