Civil Court of the City of New York
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
MCK HOFFMAN REALTY LLC
DAISY GRACIA A/K/A DAISY GARCIA & JOHN DOE & JANE DOE
Pre-answer Motion by Tenant
Motion Granted for Tenant
Tenant Substantially Won
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.
"MCK HOFFMAN REALTY LLC v. GRACIA" (2023). All Decisions. 1326.