Case Type

Holdover-Nuisance

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-327649/23

Petitioner

BEDFORD 203 LP

Respondent

REYNALDO SANTANA, JOHN DOE, JANE DOE

Judge

Garland, Christel F.

Decision/Order Date

2025-06-02

Posture

Post-answer Motion by Tenant

Disposition

Other

Winner

Other

Synopsis

In a nuisance holdover case, the court partially granted the tenant's motion to dismiss, specifically dismissing allegations that the tenant's behavior "annoyed" other tenants, as the lease required a notice to cure for such conduct, which the landlord failed to provide. However, the court allowed the remaining nuisance allegations to stand, finding no notice to cure was required for conduct impacting building staff or the landlord's guests. The court also permitted the landlord to amend the petition to correctly reflect the apartment's regulatory status as part of the NYC 15/15 Project Based Program, finding no prejudice to the tenant.

Keywords

Allegations of Annoying Behavior Dismissible

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