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
L&T 316254-23
Slip Opinion Number
31603(U)
Petitioner
Koti, Parashqevi
Respondent
Vasquez, Mayra
Judge
Poley, Julie
Decision/Order Date
2024-05-08
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this owner's use holdover proceeding, the landlord sought possession of an apartment, alleging immediate and compelling necessity for personal occupancy. However, the court granted the tenant's motion to dismiss, finding the predicate notice insufficient. The notice lacked specificity regarding the landlord's intent and failed to provide factual details supporting the claimed necessity for occupancy. The court emphasized that a notice of termination must include specific allegations relevant to the particular proceeding, not merely statutory language, to sustain an eviction action.
Recommended Citation
"Koti v. Vasquez" (2024). All Decisions. 1527.
https://ir.lawnet.fordham.edu/housing_court_all/1527