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Fleetwood Commons Inc. v. Fredericks

Board's Termination of Tenant's Lease Within Scope of Authority, Made in Good Faith

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*1 In this holdover proceeding, the petitioner moves for summary judgment on its petition in which petitioner seeks repossession of the subject premises, reasonable attorneys fees and disbursements and use and occupancy for the months that respondent has held over in the premises. The respondent opposes the motion.The respondent occupies Apartment D in the building located at 18-20 East Grand Street, Mount Vernon, New York pursuant to a proprietary lease. In the holdover petition, the petitioner seeks removal of the tenant from the apartment for failure to cure lease violations for which numerous Notices to Cure, dated May 30, 2012, August 5, 2014, November 25, 2015 and December 15, 2015, respectively, were served on respondent. The Notices to Cure state, in pertinent part, that respondent was in breach of paragraphs 13 and 18(b) of the Proprietary Lease and paragraph 4, 5 and 25 of the House Rules in that respondent and/or her guests made or permitted disturbing and/or unreasonable noises in the building or caused unreasonable interference with the rights, comfort or convenience of other lessees or residents

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