Case Type

Holdover-Licensee

Housing Type

Project Based Section 8

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-330137-24/KI

Petitioner

Brownsville Associates

Respondent

Michael McDermott, Mark McDermott, John Doe, Jane Doe

Judge

Cohen, Hannah

Decision/Order Date

2026-08-05

Posture

Post-Answer Motion by Landlord

Disposition

Motion Denied for Landlord

Winner

Tenant Substantially Won

Synopsis

Court denied landlord's motion to strike jury demand in licensee holdover proceeding following death of tenant of record, holding that respondents' counterclaim for repairs and an order to correct was incidental to the holdover proceeding and did not waive the right to a jury trial under CPLR 4101. Court directed payment of the statutory jury demand fee.

Keywords

Landlord's Motion to Strike Jury Demand in Licensee Holdover Denied – Respondent's Counterclaim for Repairs and an Order to Correct Incidental to the Holdover and Did not Waive Right to Jury Trial

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