Case Type

Holdover

Holdover Type

Nuisance, Breach of Lease

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

002564/2016

Petitioner

721-735 Walton/Gerard LLC

Respondent

Marrero

Judge

Asforis, Evon M.

Decision/Order Date

2017-01-23

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant, Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

LL commenced a holdover alleging the tenant breached her lease agreement, and nuisance conduct. The Tenant made a pre-answer motion to dismiss arguing the notices are ambiguous and unclear and fails to provide her with an adequate method to cure the alleged breach. For one the breach was for propping an entrance door open but the landlord wrote that the cure would be removal of an AC appliance. The tenant also argued the notice of termination is confusing because the date cited there is prior to the date of the letter. The Court dismissed the petition based on defective notices. The court reasoned that notices must be definite, unequivocal and specific, and the tenant must be able to understand the specific claims to be able to prevent a defense.

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