Westchester Gardens, L.P. v. Lanclos

OPINION OF THE COURT

Javier E. Vargas, J.

For the following reasons, the motion and sur-cross motion by petitioner Westchester Gardens, L.E (landlord) for, inter alia, an order dismissing certain affirmative defenses, are denied; and the cross motion by respondent Christie Landos (tenant), to dismiss the instant nuisance holdover proceeding, is granted, and the proceeding is hereby dismissed.

Pursuant to a lease agreement and renewal commencing December 15, 2011 and expiring November 2013, tenant has resided in the subject federally subsidized Housing and Urban Development (HUD) building, known…