Legal Opinion

Starrett City Inc. v. Jeffrey

Civil Court of the City of New York

Decided October 11, 2005Published

1Opinion of the Court

*526OPINION OF THE COURT

Cheryl J. Gonzales, J.

Respondent seeks an order dismissing the petition in this holdover proceeding on the grounds that: (1) respondent was not granted an opportunity to cure the alleged nuisance; (2) petitioner waived the right to evict respondent by accepting rent and restoring respondent’s tenancy; and (3) respondent cured the nuisance.

Petitioner, a limited profit housing company, served respondent with a 10-day notice dated October 14, 2004 which stated that as of November 2, 2004, her tenancy was terminated. The notice alleged that respondent’s son, Shernard Jeffrey,…

2Cases cited5 opinions

  1. Hadden v. Consolidated Edison Co.New York Court of Appeals · 1978
  2. Atkin's Waste Materials, Inc. v. MayNew York Court of Appeals · 1974
  3. Lee v. WrightAppellate Division of the Supreme Court of the State of New York · 1985
  4. Kibel v. AppelCivil Court of the City of New York · 1990
  5. P & D Cards & Gifts, Inc. v. MatejkaAppellate Division of the Supreme Court of the State of New York · 1989

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