Judge Lydia C. Lai

Landlord's sought to recover possession of the subject apartment from tenants in this summary owner's use holdover proceeding. Tenant's answer raised affirmative defenses, including insufficiency of the predicate notice and landlord's failure to serve a termination notice. The parties entered into a two-attorney stipulation providing that owner would offer tenant a lease with a preferential rent for apartment 3L if all occupants residing therein vacated before Oct. 31, 2016. When occupants failed to vacate, petitioners sought a final judgment of possession and the court granted the motion. Tenant moved to vacate the default judgment, and same was granted, with tenant now moving for summary judgment dismissing the petition arguing the stipulation became a nullity when occupants failed to vacate. The court noted the plain reading of the stipulation indicating it was premised on vacatur of the occupants in 3L, and when they failed to do so, the entire agreement, and its terms became a nullity. Thus, it granted tenant's motion, including summary judgment based on petitioners' failure to serve a notice of termination. A notice served was insufficient under Rent Stabilization Code §2524.2 and did not unequivocally terminate the tenancy.

Judge Lydia C. Lai