Golden Mountain Realty Inc. v. Severino

OPINION OF THE COURT

Final judgment, entered on or about February 29, 2012, reversed, petition reinstated and matter remanded for further proceedings consistent with this decision, with $30 costs to abide the event.

Petitioner commenced this holdover summary proceeding upon the death of the rent-controlled statutory tenant, based on allegations that respondent Severino’s occupancy status was that of subtenant or licensee with no right to continued possession. The central focus of the trial was on respondent’s properly pleaded succession defense, with respondent’s counsel noting in pretrial…