Case Type
Holdover-Licensee
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
338609/24
Petitioner
PIBLY RESIDENTIAL PROGRAMS, INC.
Respondent
APRIL RODRIGUEZ, "JOHN DOE," and "JANE DOE,"
Judge
Harris, David A.
Decision/Order Date
2024-09-23
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court dismissed the landlord's holdover petition because the notice of termination was defective. The notice failed to identify the former subtenant, who was the mother of the named respondent and the alleged licensor, rendering the notice vague and imprecise. The court found that this failure to identify "essential actors" and provide a clear, consistent basis for the proceeding made the notice unreasonable in light of the circumstances and prevented the tenant from preparing a proper defense. The proceeding was dismissed without prejudice, allowing the landlord to recommence the case with a new, proper predicate notice.
Keywords
Defective Notice of Termination; Licensee OR Squatter; Failure to Identify Former Subtenant; Unreasonable in Light of Attendant Circumstances
Recommended Citation
"PIBLY RESIDENTIAL PROGRAMS, INC. v. RODRIGUEZ" (2024). All Decisions. 1928.
https://ir.lawnet.fordham.edu/housing_court_all/1928
