Case Type
Holdover-Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-318196-24/NY
Slip Opinion Number
2025 NY Slip Op 25071
Petitioner
RP Wimbledon Owner, LLC
Respondent
Theresa Chisholm, "JOHN DOE" and "JANE DOE"
Judge
Meyers, Adam R.
Decision/Order Date
2025-03-21
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
A landlord's GCEL holdover petition, based on nonpayment, was dismissed for failing to provide sufficient detail regarding alleged rent arrears in both the non-renewal notice and the petition. The court ruled that due to the tenant's right to cure under GCEL and RPAPL § 751, a lump sum allegation of arrears was unreasonably vague, prejudicing the tenant's ability to defend or resolve the dispute. The decision emphasized that predicate notices and petitions must include enough factual specificity, like periods of nonpayment, to allow a tenant to understand the claim and interpose defenses.
Keywords
Good Cause Eviction Law (GCEL); Termination for failure to pay rent due & owing; RPL § 216(1); Lump sum of alleged arrears; Cure before warrant issues: RPAPL § 751; RPL § 216(3)
Recommended Citation
"RP Wimbledon Owner, LLC v. Chisholm" (2025). All Decisions. 1857.
https://ir.lawnet.fordham.edu/housing_court_all/1857
