Case Type
Holdover-Licensee
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-321684-25/KI
Slip Opinion Number
2026 NY Slip Op 51394(U)
Petitioner
Ellen Field
Respondent
Yalice Pinto; Robert Frank; "John" "Doe"; "Jane" "Doe"
Judge
Faleck, Michael A.
Decision/Order Date
2026-03-30
Posture
Pre-Answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In this licensee holdover under RPAPL § 713, court denies respondents' motion to dismiss and grants petitioner's cross-motion for summary judgment. Respondents found to be licensees, not tenants, because they lacked exclusive control and possession of a defined space — they slept in a curtained-off portion of the living room/kitchen. Rent payments alone did not create a tenancy where none was contemplated.
Keywords
Licensee Holdover; Respondents Found to Be Licensees Not Tenants Because They Lacked Exclusive Control and Possession of Premises; Rent Payments Alone Do Not Create a Tenancy Where None Was Contemplated
Recommended Citation
"Field v. Pinto" (2026). All Decisions. 2416.
https://ir.lawnet.fordham.edu/housing_court_all/2416
