Judge Michael Weisberg

Respondent tenant moved for dismissal of this holdover summary eviction proceeding arguing landlord failed to serve a notice to cure before servicing a notice of termination. The court noted while landlord was allowed to proceeding both breach of a substantial obligation of a tenancy, and nuisance grounds, the termination notice, did not purport to do so as it did not cite Rent Stabilization Code §2524.3(b) as a basis for termination, among other things. Also, while §2524.3(a) did not require a notice to cure if tenant willfully violated a substantial obligation inflicting serious injury on owner, the notice did not plead same. Thus, the court stated the only conclusion a review of the notice herein could yield was that landlord was proceeding only on a breach of a substantial obligation of the tenancy ground, thereby requiring a notice to cure required under §2524.3(a). Further, as landlord did not meet the threshold of showing tenant's conduct comprised a nuisance breaching a substantial obligation of the tenancy, and did not allege a pattern of continuity or recurrence of objectionable conduct by respondents, the court granted the motion for dismissal of the subject petition.

Judge Michael Weisberg