Case Type

Holdover

Holdover Type

Breach of Lease

Housing Type

Rent Stabilized

Court

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT

County

Kings County (Brooklyn)

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

2021-25 K C

Slip Opinion Number

2022 NY Slip Op 50155(U)

Petitioner

700 Bklyn Realty, LLC, 700 Bklyn 12 Realty, LLC, Oceanwalk Beach Bklyn Realty, LLC, Oceanwalk Condo Bklyn Realty, LLC, 780 Bklyn Realty, LLC, Minnetonka III Bklyn Realty, LLC and Minnetonka V Bklyn Realty, LLC

Respondent

Theodora Forsythe, and Wayne Woods, "John Doe" and "Jane Doe"

Judge

ALIOTTA, THOMAS P., P.J., TOUSSAINT, WAVNY, GOLIA, DONNAMARIE E., JJ

Decision/Order Date

2022-02-25

Posture

Appeal by Landlord

Disposition

Final Judgment Affirmed

Winner

Tenant Substantially Won

Synopsis

In this holdover proceeding, landlord sought to recover possession of a rent stabilized apartment on the grounds that tenant did not occupy subject apartment as their primary residence. This court affirms lower court's dismissal decision in favor of the tenant, agreeing that the landlords failed to establish, prima facie, that tenant did not occupy the subject apartment as her primary residence during the relevant period.

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