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90 Elizabeth Apt. LLC v. Eng

Prior Tenants Children Found Successors to Her Rent-Controlled Tenancy; Holdover Dismissed

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DECISION/ORDER

*1 90 Elizabeth Apt. LLC, the petitioner in this proceeding (“Petitioner”), commenced this holdover proceeding against Betty Eng (“Respondent”), a respondent in this proceeding, and Steven Eng (“Co-Respondent”), another respondent in this proceeding (collectively, “Respondents”), seeking possession of 90 Elizabeth Street, Apt. 5 and 6, New York, New York (“the subject premises”), on the ground that Respondents are licensees whose licenses have been terminated by the surrender of possession of the prior tenant of the subject premises (“the prior tenant”). Respondents interposed defenses that they are entitled to succeed to the tenancy of the prior tenant. The Court previously denied Petitioner’s motion for summary judgment in this matter. Petitioner appealed the Court’s denial of its summary judgment motion, and the Appellate Term affirmed, finding that Petitioner did not eliminate issues of material fact as to Respondents’ succession claim. 90 Elizabeth Apt. LLC v. Eng, 56 Misc.3d 128(A)(App. Term 1st Dept. 2017). The Court held a trial on this matter on August 25, 2017 and September 19, 2017 and then adjourned the matter to October 6, 2017 to enable the parties to make post-trial*2

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