Graham Court Owners Corp. v. Taylor

OPINION OF THE COURT

Order, dated December 17, 2013, affirmed, with $10 costs.

This summary holdover proceeding was properly dismissed on tenant’s motion. Landlord’s failure to serve a notice to cure as required by section 2524.3 (a) of the Rent Stabilization Code (RSC) (9 NYCRR) was fatal to its possessory cause of action based on allegations that the tenant illegally sublet the apartment premises (see Hudson Assoc. v Benoit, 226 AD2d 196 [1996]).

We reject, as did Civil Court, landlord’s claim that Rent Stabilization Code §§ 2524.3 (h) and 2525.6 (c) and (f) permit it to terminate the tenancy…