NO EVIDENCE OF A LANDLORD-TENANT RELATIONSHIP
In a holdover proceeding, the underlying legal paperwork alleged that MG905 was the owner of the premises, that there was "no written lease in effect between Petitioner and [occupant]," and that the individual in possession of the premises was "now a month-to-month occupant."
After the Kings County Civil Court found in the landlord’s favor, and awarded it a final judgment of possession, an appeal ensued.
On its review of the record, the Appellate Term, Second Department, thought that the landlord had failed to prove that it had a landlord-tenant relationship with the occupant, that there was a written or oral lease between the parties, or that the occupant ever paid rent.
Absent a landlord-tenant relationship, or some statutory basis to maintain the proceeding, the AT2 reversed and directed that the Civil Court issue a determination dismissing the case.
They sure put a hold on that holdover.
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DECISION