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.

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