Holdover-Licensee

Civil Court of the City of New York

Queens County (Queens)

LT-309094-25/QU

2026 NY Slip Op 32106(U)

Sherry Price, James Price, John Doe, Jane Doe

2026-06-26

Pre-Answer Motion by Landlord

Case Dismissed/discontinued

Tenant Substantially Won

Landlord filed a holdover proceeding using alternative grounds: (1) former owners or licensees under RPAPL §713, with a 10-day notice to quit; and (2) tenants at will or by sufferance under RPAPL §228, with a 30-day termination notice. Both notices included a GCEL notice. The court dismissed the proceeding, holding that alternative pleading is prejudicial where it results in conflicting termination notices with different vacate dates, and that landlord made no effort to ascertain the true nature of tenants' possession prior to commencing the proceeding.

Pleading In The Alternative; Licensee; RPAPL § 713; Tenant At Will Or At Sufferance; RPAPL § 228; Pleading In The Alternative Prejudicial Where It Results In Conflicting Termination Notices And Vacate Dates; Proceedings Dismissed; Petitioner Made No Effort To Ascertain True Nature Of Respondents' Possession

"Persaud v. Price" (2026). All Decisions. 2342.
https://ir.lawnet.fordham.edu/housing_court_all/2342