Case Type

Holdover-Non-primary Residence

Housing Type

Rent Controlled

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-316499-25/BX

Slip Opinion Number

2026 NY Slip Op 51521(U)

Petitioner

Jesup at 172 Realty Corp.

Respondent

Barbara Pedrosa; John Doe; Jane Doe

Judge

Donoghue, Elizabeth

Decision/Order Date

2026-09-18

Posture

Pre-Answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this non-primary residence holdover of a rent-controlled apartment, court denies tenant's motion to dismiss the petition for failure to allege an alternate address in the predicate notice. Court holds the notice is reasonable under the circumstances because tenant identified no material allegations landlord omitted and showed no prejudice or misleading as to the nature of the proceeding. Court also denies landlord's cross-motion to compel compliance with an informal discovery stipulation, holding the parties' informal stipulation is not equivalent to a notice, interrogatory, demand, or court order under CPLR § 3124.

Keywords

Nonprimary Residence; Rent Controlled; Predicate Notice Held Reasonable Under Circumstances Even Though It Did Not Allege an Alternate Address That Landlord Believes Is Tenant's Actual Primary Residence; Landlord's Motion to Compel Tenant to Comply with Informal Stipulation Agreeing to Provide Discovery Denied

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