Judge Michael Weisberg

Landlord alleged tenant of record Arelis surrendered her rent-stabilized tenancy, and the license to occupy the premises by daughter Esperanza expired in this holdover summary eviction proceeding. Esperanza asserted a succession defense arguing she resided in the apartment since she was just over two years old. Landlord cross-moved for summary judgment. In a prior nonpayment proceeding, Arelis failed to answer, but Esperanza did and stated Arelis permanently vacated in August 2014, moving to the Dominican Republic. Yet, Esperanza was not given a lease in her name as it was discovered Arelis signed a renewal lease in 2015, and Esperanza failed to pay rent arrears. Landlord argued Esperanza could not be found to have resided with Arelis for a two year period immediately preceding vacatur as Arelis was not living in the apartment since August 2014. The court noted a delay in notification of vacatur alone was insufficient to find prejudice. It found as landlord did not dispute Esperanza's claims or evidence she was Arelis' daughter and lived in the apartment since childhood. Thus, the court could not conclude on the record before it that Esperanza was not entitled to succeed to Arelis' tenancy, denying landlord's cross-motion.

Judge Michael Weisberg