Case Type
Holdover-Nuisance
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570088/23
Slip Opinion Number
2024 NY Slip Op 50036(U)
Petitioner
HPH Milano, LLC
Respondent
Marina R. Iakouchevitch and Vladimir I. Boutoussov
Judge
Hagler, P.J., Brigantti, Tisch
Decision/Order Date
2024-01-16
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The landlord sued the tenant in a holdover summary proceeding, seeking to evict them for alleged nuisance. The tenant argued improper service, discrepancies in the termination notice, and waiver due to accepted rent payments. The court ruled in favor of the landlord, finding the service valid, the notice specific enough, and the accepted rent not a waiver. Key legal points included the process server's affidavits serving as prima facie evidence of service, tenant needing sworn statements to rebut, and the notice of termination meeting Rent Stabilization Code requirements.
Recommended Citation
"HPH Milano, LLC v. Iakouchevitch" (2024). All Decisions. 1317.
https://ir.lawnet.fordham.edu/housing_court_all/1317
