Green Val. Realty LLC v Delgado (2009 NY Slip Op 52314(U))
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Green Val. Realty LLC v Delgado
2009 NY Slip Op 52314(U) [25 Misc 3d 1227(A)]
Decided on November 16, 2009
Civil Court Of The City Of New York, Kings County
Gonzales, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on November 16, 2009
Civil Court of the City of New York, Kings County
Green Valley Realty
LLC, Petitioner,
against
Hilda Delgado, Respondent.
50107/09
Cheryl J. Gonzales, J.
Petitioner commenced this holdover proceeding on January 2, 2009 seeking
possession of respondent's rent stabilized apartment after serving a notice of termination on
December 11, 2008. The notice terminated respondent's tenancy pursuant to Rent Stabilization
Code §2524.3(a), based on respondent's failure to comply with the notice to cure.
Respondent initially appeared pro se. Subsequently, respondent retained counsel and interposed
an answer in which she asserted one affirmative defense and two counterclaims.
Petitioner purchased the subject six family dwelling from the City of New York on
February 15, 2005, and now seeks to gut and renovate the entire building. Respondent is
currently the only occupant of the building. The Notice to Cure served on respondent alleges that
respondent defaulted on her lease as follows:
You are the only tenant in a building that is in significant disrepair.
Landlord wishes to make gut renovations and repair all building
systems but cannot do so while you are in occupancy. To that end,
Landlord offered to temporarily relocate you to comparable housing,
so that repairs can be made, and then allow you to reoccupy the