Glambosky and Honig Victorious

August 15, 2019 | Real Estate, Zoning & Land Use

Erez Glambosky and Jeremy Honig prevailed in a summary non-primary holdover proceeding on behalf of a landlord after a five-day bench trial in Civil Court, Kings County.

The issue at trial was whether the son of the rent-controlled tenant of an apartment in Brooklyn had established his right to succeed his father’s rent-controlled tenancy. During the lengthy trial, Glambosky and Honig demonstrated to the Court that the son had no documentary proof that he resided with his father in the apartment for the two-year period prior to his father permanently vacating the apartment nearly 10 years earlier.

Additionally, the Court found that neither the landlord nor the landlord’s predecessor consented to the son’s alleged tenancy by virtue of their acceptance of rent from the son because the son and the father had the same legal name. In so finding, the Court quoted directly from the Civil Court, New York County’s 2017 decision in RSP UAP-3 Property LLC v. Schulz, No. 86300/2015, 2017 WL 9534716 (N.Y. City Civ. Ct. Dec. 22, 2017), which was another non-primary holdover proceeding involving a father and son with the same name that was successfully tried by Glambosky and Honig.

Further, as a result of Honig’s skillful cross-examination of the trial witnesses, the Court found that the son and his girlfriend lacked credibility on the issue of whether the son continued to reside in the apartment as his primary residence after his father vacated.

Ultimately, the Court awarded the landlord a judgment of possession and warrant of eviction, thereby permitting the landlord to recover possession of the apartment.

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