Case Type
Holdover-Nuisance
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-306128-23/KI
Petitioner
Skipp to My Lilly, LLC
Respondent
Charisma Bonner; John Doe; Jane Doe
Judge
Rumprecht-Behrens, Agata E.
Decision/Order Date
2024-01-09
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover-nuisance case, the tenant sought dismissal of the proceeding, arguing that the landlord's acceptance of rent during the "window period" vitiated the termination notice. The court determined the "window period" to be from February 1, 2023, to May 22, 2023, based on service of the petition and notice of petition. Despite the landlord's reliance on specific cases regarding waiver, the court found that the acceptance of rent during the established window period vitiated the termination notice, leading to the dismissal of the petition without prejudice. Key legal points include the distinction between vitiation of termination notice and waiver, and the determination of the "window period" based on service of the petition and notice of petition.
Recommended Citation
"Skipp to My Lilly, LLC v. Bonner" (2024). All Decisions. 1368.
https://ir.lawnet.fordham.edu/housing_court_all/1368
