Nestor v. Britt, 16 Misc. 3d 368 (2007)

Citation: Nestor v. Britt, 16 Misc. 3d 368 (2007)
Parent Document: Nestor v. Britt, 16 Misc. 3d 368 (2007)
Jurisdiction: New York (state)
Effective Date: 2007-04-23
Original Source: https://www.courtlistener.com/opinion/6308349/nestor-v-britt/ ↗

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Months before respondent’s last renewal lease was to expire on December 31, 2002, petitioners sent respondent notices dated August 14, September 25, and September 26, 2002, informing him once again that they would not renew his rent-stabilized lease. Again petitioners sought to occupy the apartment as their primary residence. Petitioners did not commence another holdover proceeding once respondent’s lease expired. For the next three years, they took no steps to recover the apartment. Then, in 2005, petitioners served respondent with a 30-day notice, dated September 21, 2005, to terminate his tenancy on November 8, 2005. In November 2005, petitioners commenced another holdover proceeding, the third holdover proceeding, to recover the apartment for their personal use.

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