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Pan & Kuo Realty v. Foulkes

Landlord's Failure to Serve Tenant a Notice to Cure Renders Petition Defective

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DECISION AND ORDER

*1  In this holdover proceeding, the petitioner-landlord seeks to recover possession of Apartment C7 at 660 Locust Street in Mount Vernon, Westchester County from the respondent-tenant who, according to petitioner, has lived in this apartment since September 15, 2011. This proceeding is predicated on a “30 Day Notice to Terminate” dated December 19, 2018 (sic), annexed to and incorporated by reference in the petition, which notified the tenant that unless he moved out of the premises by January 31, 2018 the landlord would commence summary proceedings to remove him. The tenant remained in possession of the premises without permission of the petitioner after the expiration of said term. In the Notice of Termination, petitioner notified respondent that it “elects to terminate your tenancy” on the grounds that the tenant was creating a nuisance and engaging in a persistent and continuing course of conduct an unwarrantable, unreasonable and unlawful use of the property, to the annoyance, inconvenience, discomfort and damage of others, the primary purpose of which is intended to harass other tenants by interfering substantially with their comfort or safety. Additionally, the

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