Case Type

Holdover-Illegal Sublet

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

LT-318638-24/NY

Petitioner

GVS Properties III, LLC

Respondent

Dionisa Cruz

Judge

Golden, Tashanna B.

Decision/Order Date

2026-07-01

Posture

Pre-Answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this illegal-sublet holdover, the court dismissed the petition for defective predicate notice. The Notice to Cure alleged only that building personnel observed unidentified occupants entering and exiting the premises and that the named tenant was not regularly observed — conclusory allegations insufficient under the reasonableness standard of Oxford Towers Co. v Leites, 41 AD3d 144 (1st Dept 2007). The notices failed to provide specific factual allegations enabling tenant to frame a defense and therefore did not satisfy the requirements of reason and due process.

Keywords

Illegal Sublet Holdover; Motion To Dismiss Granted; Notice To Cure And Notice Of Termination Conclusory And Vague And Failed To Provide Specific Allegations; Predicate Notice Not Reasonable In View Of The Attendant Circumstances

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