Case Type
Holdover-Non-primary Residence
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-060752-19
Slip Opinion Number
2024 NY Slip Op 30715(U)
Petitioner
Ladan Realty Corp.
Respondent
Michelle Kercy
Judge
Kitson, Vijay M.
Decision/Order Date
2024-02-26
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding concerning a rent-stabilized premises, the landlord sought to recover possession based on the tenant's alleged non-primary residence. The landlord served a Notice of Non-Renewal and Termination of Tenancy, terminating the tenancy due to the tenant's purported absence from the premises. However, the court found the notice defective, as it contained speculative and generic allegations without sufficient detail or evidence to support the claim of non-primary residence. The court dismissed the proceeding, granting the tenant's motion, and denied the landlord's motion to vacate the ERAP stay, ruling in favor of the tenant. Key legal points include the requirement of a proper predicate notice in summary eviction proceedings and the necessity of factual specificity to support claims such as non-primary residence.
Recommended Citation
"Ladan Realty Corp. v. Kercy" (2024). All Decisions. 1408.
https://ir.lawnet.fordham.edu/housing_court_all/1408
