Case Type
Holdover-Other
Housing Type
Co-op
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
321405-24
Slip Opinion Number
2025 NY Slip Op 50917(U)
Petitioner
Westchester Capital Company, LLC
Respondent
Gregory Richardson
Judge
Danescu, Madalina
Decision/Order Date
2025-06-05
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The court dismissed the landlord's holdover petition, granting the tenant's motion to dismiss. The court found the petition fatally defective for failing to plead the tenant's protected status as a non-purchasing tenant under the Martin Act. Additionally, the predicate 90-day notice was deemed insufficient as it vaguely alleged a "poor history of making rent payments on time" without specific details, failing to establish "good cause" for eviction required by the Martin Act. The court denied the landlord's cross-motion to amend and the tenant's summary judgment motion as moot.
Keywords
Martin Act; Predicate notice required to allege good cause; Vague allegations of poor rent payment history insufficient
Recommended Citation
"Westchester Capital Co., LLC v. Richardson" (2025). All Decisions. 1827.
https://ir.lawnet.fordham.edu/housing_court_all/1827
