"GVS PROPERTIES IV LLC v. GILMAN"
 

Case Type

Holdover-Nuisance

Housing Type

Rent Controlled

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

314131/2023

Petitioner

GVS PROPERTIES IV LLC

Respondent

Robert Gilman

Judge

Stoller, Jack

Decision/Order Date

2025-03-20

Posture

Post-answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this holdover case, the landlord sought eviction based on claims of nuisance and breach of lease, citing unsanitary conditions and a flood caused by the tenant. However, the court found that the alleged uncleanliness had been remedied before trial and that a single flooding incident did not constitute a legal nuisance. Additionally, as the tenant’s rent-controlled status meant no lease was in evidence, the breach of lease claim was dismissed for failure to state a cause of action. The case was ultimately dismissed.

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