Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

LT-308248-23/NY

Petitioner

AFTERNOON DELIGHT FIFTH AVENUE ASSOCIATES, LLC

Respondent

DARNEICE CAMPBELL, "JOHN DOE", "JANE DOE"

Judge

Rubel, Joan

Decision/Order Date

2025-11-01

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this holdover proceeding, the landlord sought possession of a deregulated apartment after serving a non-renewal notice under RPL 226-c. The landlord moved for use and occupancy. The tenant cross-moved for leave to amend their answer and for summary judgment, arguing the landlord failed to serve the predicate notice. The court granted the tenant's motions, deeming the amended answer served and dismissing the proceeding without prejudice. The court found no affidavit of service of the predicate notice in the record, a statutory requirement and condition precedent for maintaining the holdover, thus denying the landlord's motion as moot.

Keywords

Predicate Notice Required Where Landlord Elects Not To Renew Tenancy; RPL § 226-c

Download

Takedown Policy

Share

COinS