Case Type
Holdover
Holdover Type
Nuisance
Housing Type
Adult Care Facility
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
56839/19
Petitioner
Village Housing Development Fund Corporation, d/b/a VillageCare at 46 & Ten
Respondent
Howard Gadson
Judge
Sikowitz, Marcia J.
Decision/Order Date
2021-04-15
Posture
Post-judgment Motion by Landlord
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
This nuisance dispute entails allegations that respondent smokes in his room and other non-designated smoking areas, violating the premises rules and NY State laws. The matter was settled previously in November, 2019, when parties agreed to a six month probationary period. Petitioner alleges respondent defaulted by smoking in his room within the six month probationary period, and motions to restore the proceeding to the calendar for trial. Respondent opposes the motion because the deadline to restore has passed and the motion is not supported by an affidavit from someone with personal knowledge of the incident(s). For the latter reason, court denies petitioner's motion to restore the proceeding for trial.
Recommended Citation
"Village Housing Development Fund Corp. v. Gadson" (2021). All Decisions. 36.
https://ir.lawnet.fordham.edu/housing_court_all/36
