Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-317101-25/KI
Petitioner
MICHELLE MEJIA
Respondent
MARIA ROSAS, ROBERTO ROSAS, JOHN DOE, JANE DOE
Judge
Poley, Julie
Decision/Order Date
2026-05-18
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover, the court grants respondent's motion to dismiss where the petition pleaded alternate theories of occupancy: either the tenant had no rights, or was a licensee and therefore failed to comply with RPAPL 741(4). This case is useful to distinguish the holding in Kew Gardens v. Bucheli, 69 Misc 3d 129(A) (App Term, 2d Dept 2020), which allows pleading inconsistent theories under certain circumstances.
Keywords
Predicate Notice and Petition are Vague and Lack any Statutory Authority to Support Holdover Proceeding; Petitioner Alleged Inconsistent Theories as Basis for Proceeding; Petitioner Did Not Move to Amend Pleadings or Otherwise Clarify Cause of Action it is Pursuing When Given the Opportunity
Recommended Citation
"Mejia v. Rosas" (2026). All Decisions. 2292.
https://ir.lawnet.fordham.edu/housing_court_all/2292
