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Edison 1205 LLC v. Brickhouse

Building Subject to RSL; Termination Notices Defective, Holdover Petitions Dismissed

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TRIAL DECISION/ORDER

*1  The Decision and Order rendered after trial is as follows: These two holdover proceedings brought to recover possession of two apartments in the subject two-family house were previously consolidated for trial, since they involved the same parties and issues. The parties also consented to substitution of the new owner as Petitioner and the pleadings were amended accordingly. The above caption reflects the amendment.A trial was held over four days commencing November 14, 2017 and concluding January 11, 2018. Petitioner through the testimony of Arsen Yakubov, principal of Petitioner, established that Petitioner is the new owner of the premises by virtue of a bargain and sale deed dated May 12, 2017. Mr Yakubov testified that he did not collect any rent since purchasing the property. He was informed by the previous owner, Maria Doby, that none of the occupants had leases and that there were four authorized tenants, who rented rooms in the subject two-family house. He was not able to determine much more from either the former owner or upon his inquiry, after the transfer of ownership, as to the identity of the occupants and what if any relationship they had with the prior owner. Upon inspection, he found that most rooms had locks and that multiple families were residing therein.

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