Tzifil Realty Corp. v. Rodriguez, 2020-316 K C

CourtNew York Supreme Court — Appellate Term
Citation155 N.Y.S.3d 525 (Table),73 Misc.3d 138 (A)
Docket Number2020-316 K C
Parties TZIFIL REALTY CORP., Appellant, v. Marisol RODRIGUEZ, Respondent.
Decision Date19 November 2021

73 Misc.3d 138 (A)
155 N.Y.S.3d 525 (Table)

TZIFIL REALTY CORP., Appellant,
v.
Marisol RODRIGUEZ, Respondent.

2020-316 K C

Supreme Court, Appellate Term, New York, Second Dept., 2, 11, 13 Jud. Dist.

Decided on November 19, 2021


Felipe E. Orner, for appellant.

Legal Services NYC Brooklyn Branch (Brett A. Dolin of counsel), for respondent.

PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

Petitioner1 commenced this holdover proceeding to recover possession of a rent-stabilized apartment on the ground that tenant was "committing or permitting a nuisance" (Rent Stabilization Code [RSC] [9 NYCRR] § 2524.3 [b]). Tenant moved to dismiss the petition upon the ground that the termination notice was fatally defective (see CPLR 3211 [a] [2] and [7] ) or, in the alternative, to disqualify petitioner's attorney because he is petitioner's officer and managing agent, and therefore likely to be a witness on significant issues of fact. By order dated December 3, 2019, the Civil Court granted the branch of tenant's motion seeking to dismiss the petition.

Allegations in a termination notice must "adequately apprise[ ] [tenants] as to the grounds upon which [the notice is] based, allowing them to prepare a legal defense" ( Domen Holding Co. v Aranovich , 1 NY3d 117, 125 [2003] ). The test for determining the sufficiency of a termination notice is "reasonableness in view of [the] attendant circumstances" ( Hughes v Lenox Hill Hosp. , 226 AD2d 4, 17 [1996] ; see Brooklyn Home for Aged People Hous. Dev. Fund Co. v Selby , 32 Misc 3d 130[A], 2011 NY Slip Op 51314[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011]; 323 3rd St. LLC v Ortiz , 13 Misc 3d 141[A], 2006 NY Slip Op 52268[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2006]). Allegations set forth in a nuisance termination notice, even if true, may properly be dismissed if they are of the type of conduct which would not constitute a nuisance (see Montemuino v Gelber , 33 Misc 3d 133[A], 2011 NY Slip Op 51995[U], *2 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011]).

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