Case Type
Holdover-Illegal Sublet
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-311728-24/QU
Petitioner
Houston Triangle III LLC
Respondent
Md Biswas aka Md Mh Biswas, John Doe, Jane Doe
Judge
Thermos, Kirnon C.
Decision/Order Date
2024-12-05
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court dismissed the landlord's illegal sublet claim for insufficient predicate notices. The notices failed to allege specific facts necessary to establish an illegal sublet under Rent Stabilization Code §2525.6. The landlord’s evidence, presented only after the case commenced, could not cure the defective notices. The tenant's motion to dismiss for failure to state a cause of action was granted, as predicate notices cannot be amended. The dismissal was without prejudice, preserving the landlord’s ability to recommence proceedings.
Recommended Citation
"Houston Triangle III LLC v. Biswas" (2024). All Decisions. 1711.
https://ir.lawnet.fordham.edu/housing_court_all/1711
