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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On May 9, 2006, petitioners and respondent appeared before the Honorable Marc Finkelstein. Respondent moved to dismiss. He argued that Judge Jackman-Brown’s dismissal of the first holdover proceeding vitiated the three 2002 nonrenewal notices. Respondent also counterclaimed and asserted the affirmative defense of breach of warranty of habitability and partial eviction, alleging that his bathroom was unusable because petitioners never replaced a faulty shower. Relying on information he supposedly discovered through an interview with Oleg Cassini *373in Women’s Wear Daily magazine, respondent argued that petitioners intended to use the apartment for a Cassini museum, not for their own personal use. Respondent sought sanctions, arguing that petitioners had begun another frivolous holdover proceeding.

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