148 Ave. 2018 Prop., LLC v Williams

Holding The Civil Court had jurisdiction to adjudicate the title dispute as a defense to the summary proceeding, and the petitioner’s recorded deed established superior title to the respondent’s unrecorded deed. Additionally, the respondent was judicially estopped from denying the existence of a landlord-tenant relationship because he had previously used the lease to defend other proceedings.

The court’s words

a question of title can properly be raised as a defense to a summary proceeding even though title to the premises cannot ultimately be determined as an affirmative claim in the context of a summary proceeding

2026 NY Slip Op 51587[U], at the official text

is judicially estopped from taking the position there is no landlord tenant relationship between the petitioner and himself

2026 NY Slip Op 51587[U], at the official text

a successor-in-interest to real property takes the premises subject to the conditions as to the tenancy . . . that his predecessor in title has established

2026 NY Slip Op 51587[U], at the official text