Case Type
Holdover-Nuisance
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-301055-21/QU
Slip Opinion Number
NYSCEF Doc. No. 75
Petitioner
Pimor Associates LLC
Respondent
Cassie Delvalle
Judge
Sanchez, Enedina Pilar
Decision/Order Date
2023-10-31
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Landlord filed holdover proceeding based on noise nuisance and alleged late rent payments. During trial, landlord issued rent demand contradicting initial termination notice. Court found termination notice vitiated and dismissed holdover without prejudice, as a proceeding cannot be based on both termination and rent demand simultaneously. Key legal point: a holdover proceeding must have a clear and unequivocal predicate notice, and issuing a subsequent notice that contradicts the initial notice can render it ambiguous and lead to dismissal.
Recommended Citation
"Pimor Associates LLC v. Delvalle" (2023). All Decisions. 1360.
https://ir.lawnet.fordham.edu/housing_court_all/1360
