Case Type

Holdover-Nuisance

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

310995/22

Petitioner

BEC Continuum Owner LLC

Respondent

Fabian Foster, Nicole Ebanks

Judge

Weisberg, Michael L.

Decision/Order Date

2023-10-31

Posture

Other

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

In this holdover-nuisance case, the landlord sought eviction of the tenant for alleged threatening and harassing conduct towards the building superintendent. However, because the lease did not contain a conditional limitation permitting early termination, the court dismissed the landlord's summary eviction proceeding. This case highlights the importance of strict compliance with statutory requirements for summary eviction proceedings and the necessity of a conditional limitation in the lease for early termination in such cases.

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