Edgecombe Preservation LLC v. Goings

Landlord moved to reargue a motion prior won by tenant to dismiss. The tenant lived with his step-mother in a rent-stablizied apartment and sought to exercise his succession rights after her death. While accepting rent payments, the landlord filed a holdover proceeding, and then accepted another rent payment pre-trial. Tenant succeeded on a motion to dismiss the holdover proceeding, and the court also denied the motion to reargue because it did not raise any further questions of fact.