Nuisance, Breach of Lease
Civil Court of the City of New York
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
721-735 Walton/Gerard LLC
Asforis, Evon M.
Pre-answer Motion by Tenant
Motion Granted for Tenant, Case Dismissed/discontinued
Tenant Substantially Won
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.
"721-735 Walton/Gerard LLC v Marrero" (2017). All Decisions. 825.