Case Type
Holdover-Nuisance
Housing Type
Other
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-319293-22/NY
Petitioner
MASARYK TOWERS CORP
Respondent
CLAUDETTE TENNASSEE; RICHARD TENNASSEE; JOHN DOE; JANE DOE
Judge
Rubel, Joan
Decision/Order Date
2026-04-02
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Court dismissed nuisance holdover in this Mitchell-Lama cooperative apartment for failure to comply with mandatory notice requirements in the Occupancy Agreement. Petitioner failed to serve a notice to cure and a 30-day notice of termination as required by the Occupancy Agreement's plain language, notwithstanding that HPD's Mitchell-Lama regulations do not expressly impose these requirements, and petitioner also failed to obtain the requisite vote of the Board of Directors to terminate the Occupancy Agreement.
Keywords
Nuisance Holdover; Mitchell-Lama; Notice To Cure Required By Occupancy Agreement; HPD Regulations More Permissive Than Lease; Occupancy Agreement Controls; Predicate Notice Defective
Recommended Citation
"Masaryk Towers Corp v. Tennassee" (2026). All Decisions. 2276.
https://ir.lawnet.fordham.edu/housing_court_all/2276
