Case Type
Holdover-Breach of Lease
Housing Type
Other
Court
Appellate Term, First Department
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
570012/26
Slip Opinion Number
2026 NY Slip Op 50757(U)
Petitioner
Nikgjonaj Realty Corp.
Respondent
Gloria Garber
Judge
James; Brigantti; Perez
Decision/Order Date
2026-05-20
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Term affirmed the Civil Court's dismissal of the landlord's holdover petition. The court found that the landlord's notice to cure and notice of termination were defective because they failed to cite any specific lease provision violated by the alleged conditions in the tenant's apartment. This procedural defect in the predicate notices rendered the petition legally insufficient, leading to the tenant's successful cross-motion to dismiss. The decision emphasizes the strict requirement for landlords to provide specific lease violations in their notices for holdover proceedings.
Keywords
Breach Of Lease Holdover; Defective Notice To Cure; Defective Notice Of Termination; Predicate Notices Fail To Cite Lease Provision That Has Been Violated, Resulting In Dismissal
Recommended Citation
"Nikgjonaj Realty Corp. v. Garber" (2026). All Decisions. 2207.
https://ir.lawnet.fordham.edu/housing_court_all/2207
