Case Type
Holdover-Non-primary Residence
Housing Type
Rent Stabilized
Court
Supreme Court, Appellate Term, First Department
County
New York County (Manhattan)
Slip Opinion Number
2026 NY Slip Op 50967(U)
Petitioner
251 CPW Housing, LLC
Respondent
David S. Singer, Aiden J. Bezark, Victoria P. Heinlein, John Doe, Jane Doe
Judge
Tisch, J.P.; Perez, J.; Alpert, J.
Decision/Order Date
2026-06-24
Posture
Post-Answer Motion by Tenant
Disposition
Reversed for Landlord
Winner
Landlord Substantially Won
Synopsis
In this nonprimary residence holdover, the Appellate Term reverses the Housing Court order granting the tenant's motion for summary judgment and denying the landlord's discovery motion as moot. The court holds dismissal was premature, as there is a presumption in favor of discovery in nonprimary residence proceedings, and remands for the lower court to determine the scope of discovery.
Keywords
Nonprimary Residence Holdover; Dismissal of Petition Premature; Landlord Entitled to Discovery
Recommended Citation
"251 CPW Housing, LLC v. Singer" (2026). All Decisions. 2303.
https://ir.lawnet.fordham.edu/housing_court_all/2303
