Case Type
Holdover
Holdover Type
Illegal sublet
Housing Type
HDFC
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
L&T 81052/18
Petitioner
HOPE EAST OF FIFTH HDFC, INC.
Respondent
JUDITH CRUZ, Miguel Falcon
Judge
Asforis, Evon M.
Decision/Order Date
2020-01-10
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/Discontinued
Winner
Tenant Substantially Won
Synopsis
Tenant asked the court to dismiss the landlord's petition in an alleged illegal sublet holdover proceeding, arguing, among other things, that the landlord's predicate notices (i.e., the Notice to Cure and the Notice of Termination) failed to state a cause of action.The court granted the tenant's motion and dismissed the petitioner's claims for possession, finding that the landlord's Notice of Termination was insufficient because it did not state the basis for the lanlord's belief that the tenants had failed to cure.
Recommended Citation
"HOPE EAST OF FIFTH HDFC, INC. v. Cruz" (2020). All Decisions. 30.
https://ir.lawnet.fordham.edu/housing_court_all/30
