RP WIMBLEDON, LLC v CHISHOLM [86 Misc 3d 1075] 1075
[231 NYS3d 372]
RP WIMBLEDON OWNER, LLC, Petitioner, v THERESA CHISHOLM
et al., Respondents.
Civil Court of the City of New York, New York County, March 21, 2025
HEADNOTES
Landlord and Tenant — Eviction — Good Cause Eviction
Law — Notice of Nonrenewal for Termination Predicated on
Specific Cause Must Identify Legal Basis and Supporting Facts
with Reasonable Level of Particularity
Landlord and Tenant — Summary Proceedings — Holdover Pro-
ceeding on Basis of Nonpayment of Rent for Tenancy Covered by
Good Cause Eviction Law — Dismissal Warranted Where Notice
of Nonrenewal and Petition Lacked Basic Articulation of Specific
Missed Payments or Periods in Which Arrears Accrued
APPEARANCES OF COUNSEL
Sanctuary for Families, Center for Battered Women’s Legal
Services (Rachel Phillips of counsel), for Theresa Chisholm, re-
spondent.
Tarter Krinsky & Drogin LLP (Shari S. Laskowitz of counsel)
for petitioner.
OPINION OF THE COURT
ADAM R. MEYERS, J.
The court’s decision and order is as follows:
This summary holdover proceeding was commenced in
October 2024. Petitioner alleges that respondent Theresa Chi-
sholm’s tenancy expired following timely service of notice of
nonrenewal of the lease. The parties agree that respondent’s
tenancy was covered under New York’s Good Cause Eviction
Law (GCEL). Petitioner pleads as the grounds for this proceed-
ing that respondent failed to pay rent she owed under her lease.
Before the court are two motions. The first is respondent’s
motion seeking dismissal of the proceeding under CPLR 3211
(a) (7), and the second is petitioner’s cross-motion for use and
occupancy. For the reasons that follow, respondent’s motion is
granted and petitioner’s motion is denied as academic.