Judge Peter Wendt
Landlord sought to recover premises from tenant in holdover proceeding, alleging the premises was used for illegal purposes. The 10-day notice of termination stated that upon information and belief one or more individuals at the premises was arrested as a result of illegal activity occurring in the premises and tenants failed to provide a sufficient explanation to cure the allegations. Tenant moved to dismiss arguing the termination notice and petition failed to state sufficient facts to support a claim of illegal activity in the premises. Tenant claimed landlord did not attach documentation regarding any arrest, contending bare and conclusory allegations did not rise to the level necessary to trigger Real Property Law §231(a). The court agreed noting landlord could have easily ascertained sufficient relevant facts with a visit to the police precinct, ruling landlord could not commence a summary eviction proceeding in hopes it would discover if it had a cause of action by seeking leave to obtain discovery after commencement of the holdover proceeding. Thus, in the absence of any factual recitation of reasons landlord sought to recover possession, the notice was insufficient to serve as a predicate for eviction proceedings and tenant’s motion was granted.