Landlord Claimed Tenant Operated a Bakery in Apartment

Landlord sued to evict rent-stabilized tenant for creating a nuisance by renting rooms in her apartment on a short-term basis without landlord's consent and for illegal use of the apartment by operating a bakery. The court granted tenant's request to dismiss the case. Although landlord wasn't required to send tenant a notice to cure when the eviction claim was based on nuisance, landlord's termination notice was conclusory and speculative, and therefore insufficient for an eviction proceeding. Landlord didn't state what lease provisions tenant was violating and didn't show any course of conduct that threatened the safety and comfort of others. Tenant was 63 years old and had lived in the apartment for 25 years. 

157 Broadway Assocs. v. Berroa: Index No. 55863/17, NYLJ No. 1531634099 (Civ. Ct. NY; 6/28/18; Asforis, J)