Case Type
Holdover-Owner's Use
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
LT-051325-19/KI
Petitioner
Nabeel Alsaede
Respondent
Ahmed Elkount; Rabla Hdnance; "John" "Doe"; "Jane" "Doe"
Judge
Slade, Kimberley
Decision/Order Date
2024-02-14
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this owner's use holdover proceeding against a rent-stabilized tenant, the court granted the tenant's motion for a directed verdict dismissing the petition. The court found the predicate notice defective under the principles of Siegel v. Kentucky Fried Chicken, as the petitioner Nabeel Alsaede, who claimed to be an owner seeking the apartment for personal use, was entirely unknown to the tenant. The notice provided no indication of Alsaede's relationship to the premises or management company that signed the tenant's lease. As such, the tenant could not act upon the notice with safety in knowing it emanated from someone with authority to terminate the tenancy. While not determining if Alsaede could maintain the proceeding as an owner, the defective notice alone required dismissal.
Recommended Citation
"Alsaede v. Elkount" (2024). All Decisions. 1414.
https://ir.lawnet.fordham.edu/housing_court_all/1414
