Case Type

Holdover: Nuisance

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

302766/2023

Petitioner

MCK HOFFMAN REALTY LLC

Respondent

DAISY GRACIA A/K/A DAISY GARCIA & JOHN DOE & JANE DOE

Judge

Ibrahim, Shorab

Decision/Order Date

2023-08-10

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Landlord brought a holdover proceeding against tenant alleging nuisance behavior in violation of the Rent Stabilization Code and the parties' lease. The court granted tenant's motion to dismiss, finding that the termination notice was fatally defective because it failed to include specific facts about the alleged nuisance behavior after the notice to cure expired. Key Legal Points: (1) Notices to cure in holdover proceedings must be sufficiently specific to inform the tenant of the factual and legal claims that must be met; (2) Termination notices must also be sufficiently specific, and should include dates and times of alleged nuisance behavior if that information is readily available; (3) Failure to include specific facts in a termination notice may render it fatally defective.

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