Case Type
Holdover-Non-primary Residence
Housing Type
Co-op
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
308199/25
Slip Opinion Number
2025 NY Slip Op 33480(U)
Petitioner
Vital Brookdale LLC
Respondent
Sequan Moore, ET AL.
Judge
Weisberg, Michael L.
Decision/Order Date
2025-09-10
Posture
Pre-answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, the court denied the landlord's application for a default judgment and dismissed the petition. The landlord alleged the tenant failed to comply with income recertification procedures. The court found the petition improperly verified by an attorney lacking personal knowledge. Crucially, the court held that the lease provision, which allowed termination upon ten days' notice for non-compliance, constituted a condition, not a conditional limitation. Consequently, a summary holdover proceeding could not be maintained as a conditional limitation, providing for automatic lease expiration upon notice, was absent.
Keywords
Failure to Recertify Holdover Dismissed; Petition Improperly Verified by Attorney; Conditional Limitation Clause
Recommended Citation
"Vital Brookdale LLC v. Moore" (2025). All Decisions. 1982.
https://ir.lawnet.fordham.edu/housing_court_all/1982
