Landlord Didn't Serve Predicate Notice

December 19, 2024

LVT Number: #33486

Landlord sued to evict apartment occupant, claiming that he was a squatter. The occupant asked the court to dismiss the case. He claimed that he was a licensee of the former tenant and that landlord therefore failed to state a cause of action against him. He asked the court to dismiss the case. Landlord argued that the occupant had signed a separate agreement with landlord waiving any defenses. The court ruled for occupant. Any prerequisite conditions to commencing the holdover proceeding were not waivable, and occupant had claimed lack of service of the statutory notice.  

Landlord sued to evict apartment occupant, claiming that he was a squatter. The occupant asked the court to dismiss the case. He claimed that he was a licensee of the former tenant and that landlord therefore failed to state a cause of action against him. He asked the court to dismiss the case. Landlord argued that the occupant had signed a separate agreement with landlord waiving any defenses. The court ruled for occupant. Any prerequisite conditions to commencing the holdover proceeding were not waivable, and occupant had claimed lack of service of the statutory notice.  

80 West Street LLC v. Goldstien: NYLJ No. 1732313708 (Town Justice Ct. Westchester; 11/14/24; Markus, J)

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