Case Type
Holdover-Lease Expiration
Housing Type
Not Stated
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-003148-25/KI
Slip Opinion Number
2026 NY Slip Op 32152(U)
Petitioner
Joyce Simha Sternberger
Respondent
Frances Tesoriero, Chris Trotta
Judge
Slutzky, Elyssa O.
Decision/Order Date
2026-07-27
Posture
Post-Trial Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, Petitioner served Respondents with a 90-Day Notice of Termination. Respondents moved to dismiss on multiple grounds under CPLR § 3211. The court granted the motion to dismiss, finding, among other things, that the predicate notice was defective and could not be amended. The court noted that Petitioner's intermingling of funds negated her claim that rental payments were not negotiated.
Keywords
Cannot Amend Notice of Termination; Vitiation of Notice of Termination; Intermingling of Funds Negates Claim that Rental Payments were not Negotiated
Recommended Citation
"Sternberger v. Tesoriero" (2026). All Decisions. 2390.
https://ir.lawnet.fordham.edu/housing_court_all/2390
