New Owner Seeking Eviction Didn't Show Prior Owner Was in Occupancy under Expired Agreement

Landlord sued to evict the prior owner of a two-family house in 2020, after serving a 10-day notice to quit. Landlord claimed that the occupant had been a licensee, whose license had now expired since title passed to landlord in 2020. The occupant asked the court to dismiss the case for failure to state a cause of action and for improper filing under RPAPL Section 713(7). The occupant argued that he had never been landlord's licensee. The court ruled for the occupant and dismissed the case. Landlord's notice to quit didn't describe how or when a license was created, and it didn't describe when the license was given to the occupant. Absent a license agreement, which wasn't found in the predicate notice, there was no license to be revoked, and no basis to invoke RPAPL Section 713(7), which governed licensee holdovers. The mere passing of title didn't necessarily create a license. 

NYC Blue Mgt. LLC v. Finn: Index No. lT-300689-20, 2023 NY Slip Op 23380, NYLJ No. 1701840521 (Civ. Ct. Queens; 12/3/23; Sanchez, J)