Case Type
Holdover-Lease Expiration
Housing Type
Unregulated
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT # 051089/23
Petitioner
Ilene Boyd-Ward
Respondent
Johnny Lennox
Judge
Golden, Tashanna B.
Decision/Order Date
2024-12-05
Posture
Post-judgment Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The landlord initiated a holdover proceeding to evict the tenant, alleging the tenant failed to vacate after termination of the license. The tenant, initially pro se, entered into a stipulation agreeing to vacate but later moved to vacate the stipulation, citing waived defenses. The court vacated the stipulation, finding the tenant had meritorious defenses, including improper service of the predicate notice, which was required under RPAPL § 735(1). The court dismissed the case for failure to properly serve the predicate notice, as required by RPL § 232-a. Strict procedural compliance in summary eviction proceedings is critical to sustain claims.
Recommended Citation
"Boyd-Ward v. Lennox" (2024). All Decisions. 1707.
https://ir.lawnet.fordham.edu/housing_court_all/1707
