Case Type
Holdover-Nuisance
Housing Type
Co-op
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT#320415-22
Slip Opinion Number
2023 NY Slip Op 31680(U)
Petitioner
1710 Owners Corp.
Respondent
Madeleine J. Sussman, Stephen Hansen, Richard Sussman, Mary Jay Jones, “John” “Doe”, “Jane” “Doe”
Judge
Cohen, Hannah
Decision/Order Date
2023-04-25
Posture
Post-answer Motion by Landlord
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
In a holdover proceeding, the landlord, a cooperative, sought possession of a unit occupied by licensees of the lessee. The court granted the landlord's motion for summary judgment, striking the tenant's affirmative defenses, which alleged cure of conduct, untimely termination notice, and improper service. Key legal points include the court's deference to the cooperative board's decision under the business judgment rule, finding that a proprietary lease termination renders cure inconsequential and that an attorney without personal knowledge cannot dispute service. The court found the landlord's petition stated a valid cause of action for nuisance and the tenant failed to demonstrate bad faith by the board.
Recommended Citation
"1710 Owners Corp. v. Sussman" (2023). All Decisions. 928.
https://ir.lawnet.fordham.edu/housing_court_all/928
