Case Type
Holdover-Licensee
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-309094-25/QU
Petitioner
SOHAN PERSAUD
Respondent
SHERRY PRICE F/K/A RADIKA RAMPERSAD, JAMES PRICE, JEREMY RAMPERSAD, SARAH RAMPERSAD, JOHN DOE AND JANE DOE
Judge
Thermos, Kimon C.
Decision/Order Date
2026-06-29
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this licensee holdover in an allegedly unregulated apartment, the court grants a pre-answer motion to dismiss the petition, which pleaded alternate theories of respondent's relationship to the premises—namely that respondent was a licensee or a tenant at will and/or sufferance. The court found that this demonstrated a lack of 'diligent effort to ascertain the nature of the occupants' possession,' which was 'unreasonable under the circumstances.'
Keywords
Pleading Alternate Theories Unreasonable; Petition Fails to Adequately Plead the Relationship Between the Parties Required by RPAPL § 741(2); Diligent Effort Necessary
Recommended Citation
"Persaud v. Price" (2026). All Decisions. 2300.
https://ir.lawnet.fordham.edu/housing_court_all/2300
