Holdover Proceeding Dismissed for Improper Description of the Premises

June 26, 2025

LVT Number: #33739

Landlord sued to evict month-to-month tenants whose lease had expired on Mar. 31, 2024. Tenants asked the court to dismiss the case without trial. They claimed that landlord's papers described the premises improperly. The court ruled for tenants. In response to tenants' motion, landlord submitted no statement from any individual with personal knowledge. He submitted only his attorney's affirmation that the description of the premises was correct because it was the same apartment and floor listed in tenants' 2012 lease. This was insufficient.

Landlord sued to evict month-to-month tenants whose lease had expired on Mar. 31, 2024. Tenants asked the court to dismiss the case without trial. They claimed that landlord's papers described the premises improperly. The court ruled for tenants. In response to tenants' motion, landlord submitted no statement from any individual with personal knowledge. He submitted only his attorney's affirmation that the description of the premises was correct because it was the same apartment and floor listed in tenants' 2012 lease. This was insufficient. The case was dismissed for failure to state a cause of action. 

Ricketts v. Holloway: Index No. 313527/24, 2025 NY Slip Op 31857(U), NYLJ 6/4/25, p. 17, col. 1 (Civ. Ct. Kings; 5/23/25; Danescu, J)

Topics

More like this