Case Type
Holdover
Holdover Type
Licensee
Housing Type
Section 8 voucher
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
10830/2017
Petitioner
OZ REALTY LLC
Respondent
RODRIGUEZ
Judge
Thermos, Kimon C.
Decision/Order Date
2018-03-20
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
LL commenced a licensee holdover against Mr. Rodriguez, the occupant, who answered with a succession defense to inherit the rent-stabilized lease of the tenant-of-record mother Ms. Gonzalez who vacated the apt. Mr. Rodriguez moved for summary judgment on the succession defense pursuant to CPLR sec. 3212. LL cross-moved for summary judgment dismissing the succession rights defense and granting LL a final judgment of possession against Mr. Rodriguez. Judge Thermos finds two elements of succession defense met : (1) occupant is the son of tenant-of-record, and (2) he is a disabled person. The third element, whether he co-resided with TOR for one year before her vacatur, and TOR's date of vacatur presents issues of fact to be determined at trial. Judge Thermos finds Mr. Rodriguez' family and friends' affidavits self-serving and not dispositive. The family is found to have credibility issues, requiring a trial. Landlord's cross motion is denied.
Recommended Citation
"OZ REALTY LLC v. RODRIGUEZ" (2018). All Decisions. 848.
https://ir.lawnet.fordham.edu/housing_court_all/848
