Case Type
Holdover-Nuisance
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-300423-25/QU
Slip Opinion Number
2026 NY Slip Op 50623(U)
Petitioner
PERU LEASING L.P.
Respondent
ZOILA AURORA MONCADA SANCHEZ, et al.
Judge
Dressler, Jordan M.
Decision/Order Date
2026-04-27
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nuisance holdover, the court grants the tenant's motion to dismiss under CPLR 3211(a)(7). The notice of termination alleged only a single incident — one dog lunging at another dog, followed by an argument between their handlers. The court holds that a single incident without any allegation of repeated or persistent objectionable conduct is insufficient to state a nuisance claim, and that because such a defective predicate notice cannot be amended, the petition is dismissed.
Keywords
Nuisance Holdover; Single Incident Insufficient For Nuisance; Defective Notice Of Termination; CPLR 3211(a)(7); Rent Stabilized Apartment; Repeated Objectionable Conduct Required; Dog Incident
Recommended Citation
"Peru Leasing L.P. v Sanchez" (2026). All Decisions. 2252.
https://ir.lawnet.fordham.edu/housing_court_all/2252
