Licensee Holdover Proceeding Dismissed for Not Naming Shareholder-Tenant as Party

Landlord brought a licensee holdover proceeding to evict the daughter of a shareholder-tenant in a limited income housing cooperative. Landlord asked the court for a ruling without trial because HPD had ruled that the daughter wasn't entitled to succession rights and a court had upheld HPD's decision, resulting in the issuance of a certificate of eviction. The daughter asked the court to dismiss the case because there was no certificate of eviction against the shareholder-tenant. Landlord argued that it was implicit in the prior court decision that the apartment wasn't the shareholder-tenant's primary residence. But the date tenant moved out was never established, no certificate of eviction against tenant was ever issued, and she still owned the shares to the co-op apartment. The case was dismissed for failure to name the shareholder-tenant as a necessary party.

Esplanade Gardens v Gill: Index No. 71477/19, 2022 NY Slip Op 32771(U), NYLJ No. 1660020678 (Civ. Ct. NY; 8/122; Bacdayan, J)