Legal Opinion

Carriage Court Inn, Inc. v. Rains

Civil Court of the City of New York

Decided January 26, 1988PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Phyllis Gangel-Jacob, J.

Petitioner (the landlord) has predicated this holdover sum*445mary proceeding against respondent (the tenant) on the ground of nuisance, as provided in Rent Stabilization Code (9 NYCRR) §2524.3 (b). The landlord preceded the notice of petition and petition with a notice of termination as required by Rent Stabilization Code § 2524.2 (a). The tenant moves to dismiss the petition, alleging that the notice of termination was legally insufficient to support the holdover proceeding.

The notice of termination recites verbatim the language of section 2524.3 (b)…

2Cases cited5 opinions

  1. Chinatown Apartments, Inc. v. Chu Cho LamNew York Court of Appeals · 1980
  2. Giannini v. StuartAppellate Division of the Supreme Court of the State of New York · 1958
  3. Olivero v. DuranCivil Court of the City of New York · 1972
  4. Stribula v. WienAppellate Terms of the Supreme Court of New York · 1980
  5. Garsen v. HohenleitnerAppellate Terms of the Supreme Court of New York · 1973

3Cited by2 opinions

  1. Katz Park Avenue Corp. v. OldenCivil Court of the City of New York · 1993
  2. Cosmopolitan Broadcasting Corp. v. MirandaCivil Court of the City of New York · 1989

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