Case Type
Holdover-Nuisance
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
322045/24
Petitioner
BEDEAU REALTY LLC
Respondent
SANJAY BURTON
Judge
Weisberg, Michael L.
Decision/Order Date
2025-07-30
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In a holdover based on nuisance, the court dismissed the landlord's petition because the lease lacked a conditional limitation, which is a statutory prerequisite for a summary eviction proceeding under RPAPL Article 7. The court reasoned that the Rent Stabilization Code restricts, but does not create, grounds for summary eviction. The court also noted that the landlord failed to comply with a contractual lease provision requiring a 30-day notice of default, thereby providing a second basis for dismissal.
Keywords
Nuisance; Conditional Limitation in the Original Lease; Contractual Provision for Notice Period not Precluded by 9 NYCRR 2524.3(b)
Recommended Citation
"BEDEAU REALTY LLC v. BURTON" (2025). All Decisions. 1865.
https://ir.lawnet.fordham.edu/housing_court_all/1865
