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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