Nassau County Holdover Eviction Case Dismissed
The Law Office of Bradley D. Schnur, Esq. P.C. recently secured the dismissal of a residential holdover proceeding in Nassau County District Court after successfully opposing a Motion for Summary Judgment filed by the petitioner.
The case centered on the petitioner’s attempt to evict occupants under RPAPL §713(5) after acquiring title to the property through a deed obtained following a UCC Article 9 sale.
However, the statute relied upon by the petitioner did not apply to the circumstances of the case.
Understanding the Statutory Issue
RPAPL §713(5) permits a holdover proceeding when a party acquires title to a property through a judicial foreclosure sale and seeks possession from occupants who remain in the property.
In this matter, the petitioner obtained the deed through a UCC Article 9 sale, not through a judicial foreclosure. Because the statute specifically applies to foreclosure sales, the legal basis for the eviction proceeding was fundamentally flawed.
After reviewing the arguments, the Court agreed that RPAPL §713(5) could not be used in this situation.
Court’s Decision
Once the statutory issue was addressed, the Court determined that the proceeding could not be maintained.
The Court issued the following rulings:
- Motion for Summary Judgment denied
- Petition dismissed in its entirety
A copy of the decision and order can be found here.
The Importance of Statutory Compliance in Eviction Proceedings
Eviction proceedings in New York are strictly governed by statute. When the legal basis for possession is improperly invoked, the proceeding may fail regardless of the petitioner’s underlying claims.
This case serves as a reminder that landlords, lenders, and property owners must carefully evaluate the statutory grounds for eviction before commencing a proceeding.
Landlord-Tenant Litigation Representation in New York
The Law Office of Bradley D. Schnur, Esq. P.C. represents commercial and residential landlords and tenants throughout New York in eviction proceedings and complex landlord-tenant litigation.
Our firm regularly handles matters involving holdover proceedings, summary judgment motions, and statutory challenges in New York courts. Please call us at 1-844-EVICT-44 or 516-932-4400.