Case Type
Defective Notice
Housing Type
Rent Stabilization
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-328312-24/BX
Petitioner
Srimurugathas Kandiah
Respondent
Debra Smith, Otis Lang
Judge
Rumprecht-Behrens, Agata
Decision/Order Date
2025-03-14
Posture
Tenant's Motion to Dismiss
Disposition
Motion Granted for Tenant
Winner
Tenant Fully Won
Synopsis
Landlord sought to evict the tenant on a month-to-month basis, claiming the unit was not rent-stabilized. Tenant moved to dismiss, providing DHCR records proving rent stabilization. The landlord failed to address this in opposition and even submitted a 2009 rent-stabilized lease. The court dismissed the case under RPAPL 741 for failure to state accurate facts, emphasizing that predicate notices cannot be amended.
Recommended Citation
"KANDIAH v. SMITH" (2025). All Decisions. 1750.
https://ir.lawnet.fordham.edu/housing_court_all/1750
