486 E. 74th LLC v. Bruce Markowitz

A team of Rosenberg & Estis, P.C. attorneys, led by member Brett B. Theis and including associate Anthony J. Virga, successfully defeated a rent stabilized tenant's cross-motion to dismiss a non-primary residence holdover proceeding. The Court also granted the landlord, represented by Rosenberg & Estis, P.C., leave to conduct discovery of the tenant, and awarded past due and ongoing use and occupancy. The crux of the tenant's motion was that the predicate notice of nonrenewal was deficient because it was allegedly based upon information obtained from a Nassau County Guardianship proceeding, which was subsequently sealed after Rosenberg & Estis, P.C. served the notice of nonrenewal, but before commencement of the holdover proceeding.

The Court, adopting R&E's arguments, found that there is no basis for dismissal of a petition on the ground that information in the predicate notice discloses information from an allegedly sealed file. The Court also found that even if the allegations in the predicate notice obtained from the purportedly sealed Guardianship proceeding were stricken from the notice, the notice still contained enough information to allow the tenant to prepare a defense. Accordingly, the court denied the tenant's motion it its entirety and granted the landlord's motion for leave to conduct discovery and for past due and ongoing use and occupancy.

(Civil Court, New York County, Housing Part F, Decided 03/03/16)
(Rosenberg & Estis, P.C. Team: Brett B. Theis and Anthony J. Virga )