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
LT-306512-25/NY
Petitioner
BPC ASSOCIATES LP
Respondent
YAKIK RUMLEY, “JOHN DOE” and “JANE DOE”
Judge
Meyers, Adam R.
Decision/Order Date
2025-10-20
Posture
Post-answer Motion by Landlord
Disposition
Other
Winner
Other
Synopsis
In this nuisance holdover proceeding, the landlord moved to strike several of the tenant's objections and affirmative defenses. The court denied striking the tenant's service-related objections, finding that afternoon/evening service attempts might not constitute "reasonable application" if the landlord knew of the tenant's schedule. It also preserved the tenant's defense that a recertification notice could imply waiver and the possibility of a post-judgment right to cure nuisance, citing equitable factors. However, the court granted striking objections that the termination notice was vague and that a notice to cure was required, holding that the notice adequately described the alleged conditions and that nuisance claims under 9 NYCRR § 2524.3(b) do not require a notice to cure.
Keywords
Nuisance Holdover; RPAPL § 735; CPLR 3211[b] Motion to Strike Defenses – Reasonable Application – LIHTC Recertification as Vitiation of Termination – RPAPL 753[4] – Post-Judgment Right To Cure Nuisance
Recommended Citation
"BPC Associates LP v. Rumley" (2025). All Decisions. 2008.
https://ir.lawnet.fordham.edu/housing_court_all/2008
