Case Type

Holdover-Illegal Sublet

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-300743-22/KI

Petitioner

Ditmas Flats LLC

Respondent

Shemika Perez; "John" "Doe"; "Jane" "Doe"

Judge

Howard, Juliet P.

Decision/Order Date

2023-05-12

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this holdover proceeding based on alleged illegal subletting, the court dismissed the petition due to deficiencies in the predicate notices. The court found the notices vague and conclusory, failing to allege specific facts supporting the claim of illegal subletting as required by the Rent Stabilization Code. As a result, the court granted the tenant's motion to dismiss, striking the proceeding and denying the landlord's motion to strike the tenant's counterclaims.

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