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.
Recommended Citation
"Broadhurst Willows Apts LLC v. Wooten" (2021). All Decisions. 35.
https://ir.lawnet.fordham.edu/housing_court_all/35