Case Type

Holdover

Holdover Type

Licensee

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

L&T 65262/19

Petitioner

Edgecombe Preservation LLC

Respondent

Joshua Goings

Judge

Sikowitz, Marcia J.

Decision/Order Date

2021-05-03

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/Discontinued

Winner

Tenant Substantially Won

Synopsis

Landlord moved to reargue a motion prior won by tenant to dismiss. The tenant lived with his step-mother in a rent-stablizied apartment and sought to exercise his succession rights after her death. While accepting rent payments, the landlord filed a holdover proceeding, and then accepted another rent payment pre-trial. Tenant succeeded on a motion to dismiss the holdover proceeding, and the court also denied the motion to reargue because it did not raise any further questions of fact.

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