Case Type
Holdover-Lease Expiration
Housing Type
Unregulated
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 300076-24
Petitioner
Curt Alleyne, Eleanor Kelly-Alleyne
Respondent
Jeffrey Mear, Barry Mear, Mary Mear, Barry Jason Mear, Jr., Niketris Fowler, John Doe, Jane Doe
Judge
Bryan, David J.
Decision/Order Date
2024-10-10
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, the court dismissed the case due to the defective 90-day notice of termination, which did not align with the tenant's lease terms as mandated by RPL § 232-a. The tenant's lease, starting May 15, 2017, established rent due by the 15th of each month. The court found that any modification of these terms requires mutual agreement, which was not demonstrated. Thus, the termination notice's date of the 31st was deemed invalid, resulting in dismissal.
Recommended Citation
"Alleyne v. Mear" (2024). All Decisions. 1646.
https://ir.lawnet.fordham.edu/housing_court_all/1646
