Chelsea 19 Assoc. v Coyle

[*1] Chelsea 19 Assoc. v Coyle 2009 NY Slip Op 50431(U) [22 Misc 3d 140(A)] Decided on March 13, 2009 Appellate Term, First Department 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 13, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570551/08.

Chelsea 19 Associates, Petitioner-Landlord-Appellant,

against

Michael Coyle, Respondent-Tenant-Respondent.

Landlord, as limited by its briefs, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Oymin Chin, J.), dated June 5, 2008, which granted tenant's motion to dismiss the holdover petition for failure to state a cause of action.

Per Curiam.

Order (Oymin Chin, J.), dated June 5, 2008, insofar as appealed from, reversed, with $10 costs, tenant's cross motion denied and petition reinstated.

The underlying cure and termination notices utilized by landlord in this holdover summary proceeding alleged, inter alia, that tenant had created "excessively loud noise" in the subject apartment on no fewer than eight specified occasions, "as well as other dates"; that, in result, police were summoned "on occasion"; that the noise condition violated several specified statutory and lease requirements; and that the "persist[ant]" problem was not timely remedied. In such form, the notices were sufficiently particularized to satisfy the governing notice requirements (see Rent Stabilization Code [9 NYCRR] § 2524.[b]), and were "reasonable ... in view of [the] attendant circumstances" (Hughes v Lenox Hill Hosp., 226 AD2d 4, 17 [1996], lv dismissed in part and denied in part 90 NY2d 829 [1997]). Further information concerning the tenant's alleged failure to properly cure the noise condition was appropriately provided in landlord's bill of particulars (see Pinehurst Constr. Corp. v Schlesinger, 38 AD3d 474, 475 [2007]; City of New York v Valera, 216 AD2d 237, 238 [1995]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: March 13, 2009