Case Type

Holdover-Nuisance

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

316163-24/NY

Petitioner

LENOX TWINS LLC

Respondent

JOHNNIE MAE WATSON, JOHN/JANE DOE

Judge

Guthrie, Clinton, J.

Decision/Order Date

2025-10-06

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this rent-stabilized nuisance holdover proceeding, the tenant moved for summary judgment to dismiss the petition, while the landlord cross-moved to amend the petition. The court found the landlord's predicate notice sufficiently detailed the alleged nuisance conduct. However, the tenant presented a sworn affirmation flatly denying the nuisance allegations, including throwing garbage from windows. The landlord failed to offer any rebuttal from an individual with personal knowledge or competent corroborating evidence. Consequently, the court granted the tenant's motion for summary judgment, dismissing the petition, and denied the landlord's cross-motion as moot.

Keywords

Nuisance holdover; Summary Judgment Granted and Petition Dismissed Because Landlord Failed to rebut Tenant’s Sworn Statements

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