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LLC v. Mills

Civil Court of the City of New York, New York County

November 25, 2013

145 East 49TH Street, LLC, Petitioners-Landlord,
v.
Joyce Mills 145 East 49th Street, Apt 8B New York, New York 10017, Respondent-Tenant, SUSAN ADAMS "JOHN DOE" and/or "JANE DOE" Respondents-Undertenants.

Unpublished Opinion

JORDAN M. HYMAN, ESQ, Attorney for Petitioner

KARLSSON & NG, PC, Attorneys for Respondent, By: David Ng, Esq.

SABRINA B. KRAUS J.

This summary holdover proceeding was commenced by 145 EAST 49TH STREET, LLC (Petitioner) against JOYCE MILLS (Respondent), the rent control tenant of record, seeking to recover possession of 145 East 49th Street, Apt 8B, New York, New York 10017 (Subject Premises), based on the allegation that Respondent has created a nuisance by maintaining the Subject Premises in an unsanitary manner.

PROCEDURAL HISTORY

Petitioner issued a Notice of Termination (Notice) dated May 22, 2013, terminating Respondent's tenancy effective June 17, 2013. The Notice provides:

1. To date you, and/or other occupants of your apartment have continuously permitted the apartment to remain in a filthy unsanitary condition with garbage spread about and a source of stench and serious roach and/or other insect infestation including but not limited to flies. These conditions have also caused roach and/or other insect infestation and stench in other areas of the building. These conditions have also caused a serious health hazzard with respect to other occupants residing in the subject building.

2. To date you have failed to take measures to keep your apartment clean in order to insure that insects and rodents re not attracted to the apartment. You have also failed to insure that your apartment is not a source of stench.

3. You are harboring a cat, dog, and bird in the subject apartment and are not properly caring for said pets which is creating foul odors in your apartment.

4. The landlord has received numerous complaints from other occupants of the building concerning foul odors emanating from your apartment.

5. You are not cleaning the kitchen and bathroom to the subject apartment and leaving same in an unsanitary condition.

The petition is dated June 24, 2013, and the proceeding was initially returnable July 16, 2013. Respondent appeared by counsel on the initial return date, and the proceeding was adjourned for motion practice.

On August 15, 2013, Respondent moved for dismissal based on alleged defects with the predicate notice. On November 20, 2013, the court heard ...


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