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REICO Int'l Realty v. Fernandez

Landlord Fails to Establish Prima Facie Case in Holdover Proceeding; Dismissal Granted

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DECISION/ORDER(AFTER TRIAL)

*1 Petitioner commenced this summary holdover proceeding on or about November 9, 2016, seeking to recover possession of Apartment # 11 located at 255 Bergen Street, Brooklyn, NY, on the ground that Respondent occupied the apartment solely as an incident to his employment with Petitioner which has been terminated.Respondent appeared by counsel and interposed an answer asserting that Petitioner lacks standing to bring this proceeding, and that Respondent is the Rent Stabilized tenant of the subject apartment having maintained dual status as the building’s superintendent and as a rent paying tenant. In addition, Respondent claims retaliatory eviction, harassment, and seeks an award of attorney’s fees.After motion practice, the proceeding was transferred to the Expediter and referred to this part for trial.At trial, Abdul Eltaeib testified to the elements of Petitioner’s prima facie case. Mr. El-Taeib then testified that he hired Respondent who has served as the building’s superintendent for the past nine years. According to Mr. Eltaeib, Respondent occupies the subject apartment without a lease and does not pay rent for the apartment. Mr. Eltaeib testified that he has never demanded payment from Respondent for use of the apartment, Respondent has never paid him for use of the apartment, and there was never a lease or other contract between the parties for the occupancy of the apartment. The agreement with Respondent was that Respondent would clean

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