Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-315650-25/BX
Slip Opinion Number
63
Petitioner
Rohit Latchman
Respondent
Antionette Richards; "John" "Doe"
Judge
Yalin-Tao, Elizabeth J.
Decision/Order Date
2025-10-22
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Landlord initiated a summary holdover proceeding after issuing a 60-day notice of termination. Tenant moved to dismiss, arguing the landlord accepted rent from HRA between the termination date (April 30, 2025) and the petition service date (May 23, 2025), thereby vitiating the predicate notice. Landlord failed to submit opposition or address the documentary evidence. The court granted the tenant's motion, dismissing the proceeding without prejudice, as the landlord's acceptance of rent during the "window period" rendered the predicate notice invalid.
Keywords
Vitiation Of Predicate Notice; Window Period
Recommended Citation
"Latchman v. Richards" (2025). All Decisions. 2018.
https://ir.lawnet.fordham.edu/housing_court_all/2018
