Case Type

Holdover-Breach of Lease

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-312339-25/BX

Petitioner

1031 Elder Partners LLC

Respondent

Tatiana Valdez

Judge

Harris, David, A

Decision/Order Date

2025-11-24

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this GCEL holdover proceeding, the landlord sought to evict the tenant for an alleged breach of lease under RPL § 216(1)(b), specifically installing a washer/dryer. The court granted the tenant's pre-answer motion to dismiss. The landlord had served a notice to cure, but the subsequent notice of termination, which is not subject to amendment, failed to mention the cure notice or its allegations, instead purporting to terminate solely due to lease expiration. The court found this critical omission rendered the notice of termination fatally defective, as it caused irreconcilable inconsistencies regarding the basis for the proceeding. Consequently, the landlord's proceeding was dismissed.

Keywords

GCEL Holdover; Alleged Breach of Lease Under RPL § 216(1)(b); Notice of Termination Fatally Defective for Failure to Allege Facts Concerning Prior Notice to Cure Alleging Breach of Lease Based on Washing Machine/Dryer

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