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

4842/2019

Petitioner

HOME STREET MANAGEMENT LLC

Respondent

MERINO

Judge

SPEARS, BRENDA S.

Decision/Order Date

2019-11-20

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Landlord commenced a holdover on grounds that tenant failed to cure a nuisance condition (allegedly using kitchen for commercial cooking purposes) and installed a washing machine. Tenant moved to dismiss under CPLR 3211 for failure to state a cause of action because the predicate notices are vague and fail to allege facts with specificity. The Judge agreed with the tenant. The notice to cure is "insufficiently specific in that it provides no information as to why petitioner has concluded that the premises is being utilized as a commercial kitchen." No information is provided in support of petitioner's statements of alleged conduct. There is no specific information that several people are in/out of the apt or that the respondent is preparing and serving large quantities of food. Landlord's inclusion of an HPD violation that has nothing to do with commercial use of a kitchen. Also, one memo from landlord's witness describes one single visit to the apt who concludes , without information to support the conclusion, that tenant runs an "illegal" kitchen. Further, the notice of termination "parrots the notice to cure[,]" setting forth "conclusory allegations" but providing no information as to how the petitioner reached that conclusion. The notice of termination contains no specific examples of the misconduct, names, dates, and times the alleged nuisance occurred. This does not allow the respondent proper notice nor does it permit her to frame a defense. Defects in the predicate notices are not subject to cure by amendment and require dismissal of the proceeding. The petition is therefore dismissed.

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