1212 Grand Concourse LLC v. Ynguil, 27 Misc. 3d 205 (2010)

Citation: 1212 Grand Concourse LLC v. Ynguil, 27 Misc. 3d 205 (2010)
Parent Document: 1212 Grand Concourse LLC v. Ynguil, 27 Misc. 3d 205 (2010)
Jurisdiction: New York (state)
Effective Date: 2010-01-08
Original Source: https://www.courtlistener.com/opinion/6311119/1212-grand-concourse-llc-v-ynguil/ ↗

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In support of their motion for dismissal, the respondent tenants in essence put forward two arguments — the first is based on their understanding of the Rent Stabilization Code. They assert that “[p]rior to commencement of a holdover proceeding against a rent stabilized tenant, a landlord must serve a termination notice which states a ground under § 2524.3 (wrongful acts of tenant), or § 2524.4 (nonrenewal of lease) of the Rent Stabilization Code.” (Respondents’ mem of law, dated Sept. 21, 2009, section II [B] [citations omitted].) Further, the respondents argue that the “notice must further elaborate the facts necessary to establish the existence of such ground.” (Id.) Therefore, the respondents reason, the termination notices each failed to state a ground under the relevant section of the Rent Stabilization Code; thus the petitions should be dismissed for failure to state a cause of action. (Id.)

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