Case Type

Holdover-Nuisance

Housing Type

Rent Stabilized/Supportive Housing

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

LT-315626-24/NY

Petitioner

CUCS West 127th Street LLC

Respondent

Amanda Walker a/k/a Antonio M. Walker

Judge

Ofshtein, Eleanora

Decision/Order Date

2026-07-17

Posture

Pre-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Landlord commenced a nuisance holdover proceeding against a rent-stabilized tenant in a supportive housing building. Tenant moved to dismiss on the ground that the notice of petition used non-standard language substituting 'fair use and occupancy' for the prescribed money judgment language. The court granted the motion, holding the deviation from the mandatory form was not de minimis and rendered the notice of petition fatally defective and unamendable.

Keywords

Form Notice of Petition Not Used; Substitute Language of "Fair Use and Occupancy" is not in Compliance with Statutory Mandate

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