Eviction Case Based on Nuisance Dismissed for Deficient Termination Notice

February 26, 2024

LVT Number: #33096

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant's attorneys asked the court to dismiss the case, claiming that landlord's termination notice was deficient.  Before the court heard argument on the motion, tenant's court-assigned legal aid attorneys asked to be relieved from the case due to tenant's failure to communicate. The court ruled against the attorneys, finding that for public policy reasons, NYLAG's withdrawal wasn't permitted. But the court granted tenant's motion to dismiss the case.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant's attorneys asked the court to dismiss the case, claiming that landlord's termination notice was deficient.  Before the court heard argument on the motion, tenant's court-assigned legal aid attorneys asked to be relieved from the case due to tenant's failure to communicate. The court ruled against the attorneys, finding that for public policy reasons, NYLAG's withdrawal wasn't permitted. But the court granted tenant's motion to dismiss the case. The nuisance claimed was that tenant attacked someone with a hammer. But this couldn't be proven since there was no recorded injury that was submitted in landlord's claim.

Cambridge Leasing Property LLC v. Cachimbo: Index No. L&T301876/23, NYLJ 1/5/24, p. 17, col 2 (Civ. Ct. Queens; 12/26/23; Schiff, J)

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