Case Type
Holdover-Breach of Lease
Housing Type
Other
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 312959/25
Slip Opinion Number
2026 NY Slip Op 50603(U)
Petitioner
Eudes Francilot
Respondent
Teatra Mays, KIARA MAYS, KEANU MAYS, [REDACTED], JOHN DOE, JANE DOE
Judge
Guthrie, Clinton, J.
Decision/Order Date
2026-04-22
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The court granted the tenant's motion for summary judgment, dismissing the landlord's holdover petition. The court found that the lease lacked a conditional limitation, which is necessary to automatically terminate a tenancy upon breach, allowing only the landlord's election to terminate. Without such a limitation, the landlord's proper remedy before lease expiration was an ejectment action, not a summary holdover proceeding. Additionally, the predicate notice to cure and notice of termination were deemed impermissibly vague, as they merely restated lease provisions and made conclusory statements about breaches without sufficient detail or new allegations arising during the cure period, thus rendering them defective.
Keywords
Conditional Limitation; No Basis for Summary Proceeding
Recommended Citation
"Francilot v. Mays" (2026). All Decisions. 2195.
https://ir.lawnet.fordham.edu/housing_court_all/2195
