Case Type
Holdover-Breach of Lease
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
L&T 314215/24
Slip Opinion Number
2025 NY Slip Op 33279(U)
Petitioner
MCMANUS REALTY SERVICES, LLC
Respondent
CARLOS ILABACA, JOHN DOE, JANE DOE
Judge
Guthrie, Clinton J.
Decision/Order Date
2025-09-09
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In a holdover proceeding alleging a tenant breached their lease by making unauthorized alterations, the court dismissed the case. The court found that the predicate notice to cure and notice of termination were defective as a matter of law because they failed to cite any specific lease provision that was allegedly breached. The court rejected the landlord's argument that such a provision "undoubtedly" existed, stating that the landlord-tenant relationship is created by a contract and the court cannot assume the existence of a term without the agreement itself.
Keywords
Objectionable Conduct/Breach of Lease; Predicate Notice Must Specify Lease Provision Allegedly Breached
Recommended Citation
"McManus Realty Servs., LLC v. Ilabaca" (2025). All Decisions. 1945.
https://ir.lawnet.fordham.edu/housing_court_all/1945
