Section 8 voucher
Civil Court of the City of New York
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
OZ REALTY LLC
Thermos, Kimon C.
Post-answer Motion by Tenant
Motion Granted for Tenant
Tenant Substantially Won
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.
"OZ REALTY LLC v. RODRIGUEZ" (2018). All Decisions. 848.