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280-290 Collins Owners Corp. v. McCaskill

Tenant Fails to Show Landlord Waived Right to Sue to Enforce Rule Barring Washing Machines

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DECISION AND ORDER

*1  In this holdover summary proceeding, petitioner, 280-290 Collins Owners Corp., seeks to terminate the tenancy of respondent, Nancy McCaskill, an almost twenty-year shareholder of 280 Collins Avenue, Apt. 1A, Mount Vernon, NY, on the ground that her tenancy was purportedly terminated by timely service of a Notice of Termination. Respondent now moves for dismissal of the instant action pursuant to CPLR §3211(a)(7) for failure to state a cause of action. Petitioner opposes the motion and cross-moves for summary judgment, awarding petitioner judgment of possession of the apartment and the issuance of a warrant of eviction. Petitioner also seeks a judgment for reasonable attorney’s fees and costs of this proceeding.Respondent entered into possession of the subject apartment pursuant to a proprietary lease on or about April 27, 1998. At some time during 2014, petitioner’s Board of Directors enacted House Rule 21, prohibiting shareholders from keeping and using washing machines in their apartments. However, the Board purportedly allowed

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