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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By decision and order dated August 2006, Judge Lansden granted respondent’s motion to dismiss and denied petitioners’ cross motion for use and occupancy. (See Nestor v Britt, Hous Part, Civ Ct, NY County, Aug. 8, 2006, Lansden, J., Index No. 68220/06.) In a nine-page decision, Judge Lansden found that Judge Jackman-Brown’s dismissal of the first holdover proceeding “without prejudice” gave petitioners leave to commence another holdover proceeding only after correcting any service-of-process deficiencies and that petitioners had to serve a new termination notice before they could begin another proceeding. (Id., slip op at 7.) Judge Lansden was “unwilling” to find petitioners’ conduct sanctionable “[a]t this point.” (See id., slip op at 8-9.)

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