Case Type
Holdover-Lease Expiration
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-317617-23/QU
Petitioner
Maple Leasing L.P.
Respondent
Edith Casillo, Anthony Carpio, "John Doe" & "Jane Doe"
Judge
Bryan, David J.
Decision/Order Date
2024-03-28
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court granted the tenant's motion to dismiss the holdover proceeding brought by the landlord for non-renewal of the lease. The key issue was whether the termination notice served by the landlord was defective. The notice incorrectly stated that the renewal lease was offered on April 20, 2023, which was after the alleged August 31, 2022 lease expiration date cited in the notice. The court found this date discrepancy was not a mere technical defect, but went to the foundation of the cause of action and was confusing and prejudicial to the tenant's ability to defend. A valid termination notice is a prerequisite to an eviction case. So despite the landlord arguing it was a non-prejudicial scrivener's error, the court dismissed the petition based on the defective predicate notice under established precedent that such notices cannot be amended or cured.
Recommended Citation
"Maple Leasing L.P. v. Casillo" (2024). All Decisions. 1433.
https://ir.lawnet.fordham.edu/housing_court_all/1433
