"Broadhurst Willows Apts LLC v. Wooten"
 

Case Type

Holdover

Holdover Type

Breach of Lease

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

68866/19

Petitioner

Broadhurst Willows Apartments, LLC

Respondent

Corey D. Wooten

Judge

Sikowitz, Marcia J.

Decision/Order Date

2021-04-12

Posture

Pre-answer Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this lease violation holdover action involving a rent stabilized apartment, petitioner landlord seeks termination claiming tenant has been using the apartment as a hotel/Airbnb since June, 2019. Respondent tenant moves by motion to dismiss on the grounds that the notice of termination fails to state a cause of action for nuisance or unlawful occupancy. Court grants respondent tenant’s motion to dismiss in all respects because petitioner failed to serve a notice to cure and failed to identify a specific lease provision alleged to have been breached by respondent.

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