Case Type
Holdover-Nuisance
Housing Type
Other
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-314765-24/QU
Petitioner
48th Woodside Associates
Respondent
Denise Rodriguez
Judge
Ibrahim, Shorab
Decision/Order Date
2025-05-19
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Handwritten Opinion. The court granted the tenant's motion to dismiss the nuisance holdover petition, finding the predicate notice defective and insufficient. The notice's allegations were largely conclusory and failed to demonstrate a continuing pattern of objectionable conduct, with specific incidents being too far apart and unrelated. The court noted that detailed information present in the bill of particulars should have been included in the predicate notice.
Keywords
Nuisance — Predicate Notice Defective/Insufficient — Conclusory Allegations — Must allege continuing pattern of objectionable conduct
Recommended Citation
"48th Woodside Associates v. Rodriguez" (2025). All Decisions. 1835.
https://ir.lawnet.fordham.edu/housing_court_all/1835
