Case Type
Holdover-Nuisance
Housing Type
HDFC
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570629/25
Slip Opinion Number
2025 NY Slip Op 51534(U)
Petitioner
135 West 89th Street, Housing Development Fund Corporation
Respondent
Gregg Powell
Judge
Brigantti, J; Tisch, J; James, J
Decision/Order Date
2025-09-29
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Term affirmed the dismissal of a nuisance holdover proceeding where the landlord alleged the tenant breached the proprietary lease by failing to maintain the apartment. The court found the landlord's notice of termination defective and insufficient to serve as a predicate for the proceeding. The notice was deemed conclusory, failing to provide factual allegations to support the claim that the defaults specified in the notice to cure had not been remedied during the cure period, particularly considering Adult Protective Services had performed multiple cleanings of the apartment.
Keywords
Nuisance Holdover Dismissed; Defective Termination Notice; Conclusory Termination Notice; Not Reasonable in View of the Attendant Circumstances
Recommended Citation
"135 W. 89th St., Hous. Dev. Fund Corp. v. Powell" (2025). All Decisions. 1970.
https://ir.lawnet.fordham.edu/housing_court_all/1970
