RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)

Citation: RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)
Parent Document: RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-21
Original Source: https://www.courtlistener.com/opinion/10363654/rp-wimbledon-owner-llc-v-chisholm/ ↗

Full Text

899 chars

(see Notice of Non-Renewal, NYSCEF Doc. No. 3, p. 2). Beyond this, the notice is silent as to Respondent's nonpayment.
Respondent argues that this notice is deficient under the applicable legal standards, and thus that the proceeding must be dismissed. She notes that predicate notices in summary proceedings must be "definite and unequivocal" (Garsen v Hohenleitner, 73 Misc 2d 192 [App Term, 1st Dept 1973]) and include a degree of factual specificity "reasonable in view of all attendant circumstances" (Hughes v Lenox Hill Hosp., 226 AD2d 4, 17 [1st Dept 1996], lv dismissed and denied, 90 NY2d 829 [1997]). She argues that where a landlord serves notice of its intention not to renew a lease on grounds of nonpayment but fails to include an accounting or timeline of the alleged arrears, the notice fails under these standards (see Affirmation of Rachel Phillips, NYSCEF Doc. No. 11, ¶¶ 45-52).

Other Sections in This Document (33)

Full Text