Judge Susan Avery
After tenants failed to appear in this summary holdover action, the matter proceeded to inquest. Landlord alleged tenants failed to provide access to the premises on three specified dates. The court previously dismissed the case after inquest finding the letters/notices to tenants were insufficient to support the suit, ruling landlord failed to provide a certificate of eviction for the apartment that was subject to the City Rent Law. The court also dismissed petitioner’s motion to reargue as premature, yet addressed landlord’s post-trial/inquest arguments. It found the submissions presented, including the letters in question, were legally insufficient. The court stated as it was conceded no lease existed, there could be no lease authorizing landlord to arrange the requested access, thus, each scheduling letter could not support the allegations in the notice to cure. The court noted there was no statement in any of the letters for the reason access was being sought. It also ruled the notice to cure failed to state any facts to support access was required to tenants’ apartment, hence, the letters could not form the basis to conclude that landlord properly scheduled reasonable access or that tenants’ failure to provide access was unreasonable. Thus, the petition was dismissed.
