Judge Bernadette G. Black

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Petitioner moved for summary judgment in this summary holdover proceeding seeking possession of the rent-stabilized premises based on allegations 80 year old tenant, Linder, refused to renew his expiring lease. It served a 15 day notice of termination on Linder, who failed to vacate the premises and his answer raised defenses, including that petitioner never presented him any valid notice, request, or demand to renew an expiring lease. After conversion of the premises, a cooperative unit, from the Mitchell-Lama program, Linder filed a complaint with DHCR in 2008 indicating owner failed to offer him a lease. Petitioner’s predecessor-in-interest filed a holdover alleging Linder failed to renew his lease in 2010. Petitioner now initiated this holdover Jan. 2016 on the same allegation. The court noted it was unsure how petitioner’s managing agent, Friedman, possessed knowledge that a renewal lease was mailed to Linder Jan. 11, 2012, as petitioner was not Linder’s landlord at the time. Also, Friedman never asserted a renewal lease was offered to Linder since petitioners became his landlord over three years ago. The court found petitioners failed to establish the absence of material fact issues, denying their motion for summary judgment.