DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Golden Mountain Realty Inc. v. Severino, 36 Misc. 3d 346 (2012)

Citation
Golden Mountain Realty Inc. v. Severino, 36 Misc. 3d 346 (2012)
Parent Document
Golden Mountain Realty Inc. v. Severino, 36 Misc. 3d 346 (2012)
Jurisdiction
New York (state)
Effective Date
2012-02-29
Original Source
https://www.courtlistener.com/opinion/6313383/golden-mountain-realty-inc-v-severino/ ↗

Other Sections in This Document (65)

Full Text

511 chars 
*358To claim that the remaining family members of a deceased tenant of record of a rent-controlled apartment are mere licensees is a fiction. It seems that petitioner is attempting to use the fictional claim of an expired license as a guise to permit this court to issue a declaratory judgment as to whether or not respondent is entitled to succession rights.3 However, petitioner must first establish a prima facie case or a cause of action, before the court can consider the affirmative defense of succession.