Case Type
Holdover-Breach of Lease
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-327098-25/KI
Petitioner
Buddy Properties LLC
Respondent
Theresa Radomski; "John Doe"; "Jane Doe"
Judge
Bacdayan, Karen M.
Decision/Order Date
2026-09-01
Posture
Pre-Answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Court dismissed breach of lease/nuisance holdover alleging bad behavior by tenant's dog without prejudice because original lease lacked a conditional limitation clause. Court engaged in lengthy discussion of conditional limitation clauses and their interaction with RPAPL § 753(4)'s 30-day cure period, holding that absence of a conditional limitation clause in the parties' lease is fatal to a summary proceeding.
Keywords
Breach of Lease Holdover Dismissed; Conditional Limitation; Summary Eviction Proceeding Must be Dismissed if There is No Conditional Limitation Clause in Original Lease
Recommended Citation
"Buddy Properties LLC v. Radomski" (2026). All Decisions. 2428.
https://ir.lawnet.fordham.edu/housing_court_all/2428
