Case Type
Holdover-Non-primary Residence
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-321050-25/NY
Petitioner
Estate of Alfons Melohn by Moshe Wolfson, Executor, Leon Melohn, Martha Melohn 1996 Family Trust No. 1, Martha Melohn 1996 Family Trust No. 2
Respondent
Clare Salvaggio, John Doe and/or Jane Doe
Judge
Meyers, Adam R.
Decision/Order Date
2026-08-05
Posture
Post-Answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In nonprimary residence holdover, court denied respondent's motion to dismiss (finding notice of nonrenewal sufficient despite pleading alternative addresses and omitting electrical usage data), struck respondent's traverse (unopposed), but declined to strike attorneys' fees counterclaim (holding RPAPL § 702 does not bar attorneys' fees in summary proceedings). Court limited discovery to two years but noted petitioner could seek expanded disclosure if it articulates need at deposition.
Keywords
RPAPL § 702 Not A Strict Bar on Attorneys' Fees -- Clear Rationale Required for Discovery Demand
Recommended Citation
"Estate of Alfons Melohn v. Salvaggio" (2026). All Decisions. 2374.
https://ir.lawnet.fordham.edu/housing_court_all/2374
