Judge Anne Katz
Landlord Gomez sought to recover possession of the subject premises in this summary licensee holdover action from tenant Mateo. Mateo entered into a one year rental agreement, but was unaware the premises was subject to rent stabilization. Gomez asked Mateo to vacate the premises after discovering he was living there was his wife, children and mother-in-law, claiming Mateo lied regarding the number of occupants residing at the premises. Mateo signed a surrender agreement, but upon failure to vacate, Gomez filed this action. The court noted no predicate notice was served on Mateo, finding only a copy of the surrender agreement attached to the petition as the basis for the proceeding. Mateo sought dismissal arguing the court lacked jurisdiction over the proceeding, and the petition was fatally defective. Gomez argued the surrender agreement was sufficient in lieu of a termination or predicate notice. The court disagreed, noting at a bare minimum, Gomez was required to serve a 10-day notice of termination on Mateo in the manner prescribed under Real Property Actions and Proceedings Law §735. The court concluded as Gomez failed to do so, the instant proceeding must be dismissed.
