Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-314406-24/KI
Petitioner
AVALON GODDARD
Respondent
ERROL SAUNDERS
Judge
Weisberg, Michael L.
Decision/Order Date
2025-07-23
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
A landlord's holdover petition was dismissed after the court granted the tenant's motion for summary judgment. The court found that the landlord vitiated the predicate termination notice by accepting rent payments from the tenant for eight months between the filing of the petition and the service of the pleadings. Citing precedent from **92 Bergenbrooklyn, LLC v Cisarano**, the judge ruled that "commencement" for the purpose of vitiation is keyed to service, not filing, and that he was constrained to follow this precedent despite the significant delay in court scheduling.
Recommended Citation
"Goddard v. Saunders" (2025). All Decisions. 1870.
https://ir.lawnet.fordham.edu/housing_court_all/1870
