Judge John Henry Stanley

Read Full-Text Decision

Landlord sought possession of the subject premises against tenant of record Thelma Mitchel, and her son, George, an occupant, in this holdover proceeding. George moved for dismissal of the proceeding for failure to state a cause of action, and claimed succession rights to the premises. A Guardian ad litem was appointed to Thelma, who indicated she was hospitalized and would permanently reside at the facility due to her medical needs. The court found George had standing to move to dismiss the proceeding, noting as occupant of the rent stabilized premises, he had a right to raise statutory prerequisites to the proceeding as he showed a colorable claim to succession—although, same could not be raised as a defense in a nuisance holdover suit. George asserted the 30-day notice to terminate failed to allege specific acts of misconduct showing it was continued after the deadline set forth in the notice to cure. The court agreed finding the predicate notice lacked a statement supporting facts establishing the condition existed after the cure deadline in the termination notice, finding the termination notice merely restated, word for word, allegations of misconduct within the notice to cure. As the predicate notice was defective, and not amendable, the petition was dismissed.