Judge John Henry Stanley

Landlord was directed to commence a holdover proceeding against Cortes by the District Attorney on allegations respondents used the premises for an illegal trade due to Cortes' arrest for trafficking in marijuana. Landlord also argued a lease provision prohibiting using the premises for unlawful purposes was violated. The court noted the DA waited seven months after a criminal complaint was sworn against Cortes to notify landlord of the need to commence a proceeding against respondents. Landlord waited four months to serve a notice of termination and another four months to commence this holdover. Cortes moved for dismissal arguing the proceeding was barred by the one year statute of limitations under CPLR 215(4). The court agreed noting the time to commence a Bawdy House proceeding ran from the date the alleged offense was committed, stating the final disposition of Cortes' criminal case was not an element needed to be proved for landlord to maintain a cause of action under RPL §231, an RPAPL §§711 and 715. Landlord's bawdy house claim was dismissed, as the arrest occurred Oct. 25, 2015, and the case commenced Feb. 6, 2017—more than one year later. Also, as theories in the notice of termination were “intrinsically different,” Cortes was granted dismissal.

Judge John Henry Stanley