Judge Brenda S. Spears


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Landlord sought possession of the subject rent stabilized apartment in this holdover proceeding arguing Santana breached a substantial obligation of her tenancy by chronically paying her rent late. It claimed it had five non-payment proceedings against her in the last five years. Santana denied the allegations and asserted an affirmative defense of failure to state a cause of action, moving for summary judgment dismissal. She claimed the predicate notice failed to comply with 9 NYCRR 2524.2S and 2523.3(a) as it failed to set forth facts supporting the claim her alleged failure to pay rent in a timely manner created a nuisance. The court noted there were additional defects in the predicate notice, including that one of the five referenced nonpayment proceedings did not involve the parties herein. Landlord alleged the wrong index number specified was a typographical error. Santana alleged the four remaining nonpayment proceedings should be disregarded as they could not form the basis of this proceeding as the named petitioner lacked standing to maintain the actions as it was not the owner of the property. The court ruled the predicate notice was defective, and the defects could not be cured, but could not serve as a basis for the holdover suit, granting dismissal.