Case Type

Holdover

Holdover Type

Nuisance

Housing Type

See Decision

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

53738/20

Petitioner

The George Units

Respondent

JOANNIE DIAZ, FELIX SOLANO, et al.

Judge

Schneider, Jean T.

Decision/Order Date

2021-06-15

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/Discontinued

Winner

Tenant Substantially Won

Synopsis

LL filed a Motion of Termination based alleging nuisance: installing a washing maschine and a partition (which they cured), keeping things on the fire escape, and a fire which occured when a cigarette ignited the things on the fire escape. Case dismissed because a nuisance claim requires repeated behavior without cure, which did not occur here, and also because LL had initiated an ejectment proceeding in NY Supreme Court.

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