Case Type
Holdover-Nuisance/Breach of Lease
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-327098-25/KI
Slip Opinion Number
2026 NY Slip Op 26153
Petitioner
Buddy Properties LLC
Respondent
Theresa Radomski
Judge
Karen May Bacdayan, J.
Decision/Order Date
2026-09-18
Posture
Post-Answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Nuisance holdover dismissed without prejudice. Paragraph 17(a) of the parties' lease gives the owner the option to terminate after a cure period but does not state the lease shall automatically expire on a date fixed in the notice—no conditional limitation clause. Under binding Second Department precedent, a conditional limitation is a prerequisite for a summary holdover proceeding. Judge Bacdayan notes the rationale is increasingly difficult to justify given RPAPL §753(4)'s statewide extension and effective unenforceability of such clauses against rent-stabilized tenants, but declines to depart from controlling authority absent appellate guidance.
Keywords
Holdover; Breach of Lease; Nuisance; Rent Stabilized; Conditional Limitation Clause; Summary Eviction Proceeding Requires Conditional Limitation Clause in Original Lease; RPAPL § 753(4); Nuisance; Dog; Dismissed Without Prejudice
Recommended Citation
"Buddy Properties LLC v. Radomski" (2026). All Decisions. 2491.
https://ir.lawnet.fordham.edu/housing_court_all/2491
