700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)

Citation: 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
Parent Document: 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-09-03
Original Source: https://www.courtlistener.com/opinion/10689586/700-bklyn-realty-llc-v-latimi/ ↗

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Weston, J. (dissenting and voting to reverse the order and deny tenant's motion to dismiss the petition in the following memorandum). I disagree with the majority's conclusion that landlords were required to serve the New York City Housing Authority (NYCHA) with a nonrenewal notice prior to the expiration of the lease. Under the circumstances of this case, landlords' incorporation by reference of the 2017 combined notice gave NYCHA sufficient notice of the facts and grounds upon which the proceeding was based. The fact that it was served on NYCHA outside the limitations period for service on the tenant is irrelevant, since nothing in the applicable federal regulations requires anything other than an "eviction notice" to be served on NYCHA (see 24 CFR 982.310 [e] [2] [ii]). Since that was done here, the petition should not have been dismissed. Accordingly, I respectfully dissent and vote to reverse the order of the Civil Court and deny tenant's motion to dismiss the petition.

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