Case Type
Holdover-Lease Expiration
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-302790-20/QU
Petitioner
Ocean Bay RAD, LLC
Respondent
Rodney Baker; "John" "Doe"; "Jane" "Doe"
Judge
Sanchez, Enedina Pilar
Decision/Order Date
2024-03-11
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In a Holdover-Lease Expiration case before the Civil Court of the City of New York, Queens County, Judge Enedina Pilar Sanchez granted the tenant's motion to dismiss the holdover proceeding. The tenant argued that the predicate notice was fatally defective, citing Siegel v. Kentucky Fried Chicken, which holds that a notice must be properly authenticated to bind the landlord. The court determined that the notice to quit in this case lacked proper documentation of the agent's authority, rendering it incomplete and defective. As a result, the court granted the tenant's motion to dismiss the case without prejudice. This case underscores the importance of ensuring that predicate notices in holdover proceedings are properly authenticated to avoid dismissal.
Recommended Citation
"Ocean Bay RAD, LLC v. Baker" (2024). All Decisions. 1409.
https://ir.lawnet.fordham.edu/housing_court_all/1409
