Nikgjonaj Realty Corp. v. Garber
Opinion
It appears you are using Adblock. Please disable Adblock to best experience our website.
Bureau Thomas J.K. Smith, State Reporter
Nikgjonaj Realty Corp. v Garber
2026 NY Slip Op 50757(U)
May 20, 2026
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This opinion is uncorrected and will not be published in the printed Official Reports.
Nikgjonaj Realty Corp., Petitioner-Landlord-Appellant,
v
Gloria Garber, Respondent-Tenant-Respondent.
Supreme Court, Appellate Term, First Department
Decided on May 20, 2026
570012/26
Present: James, P.J., Brigantti, Perez, JJ.
Landlord, as limited by its brief, appeals from so much of an order of the Civil Court of the City of New York, Bronx County (Howard Jacob Baum, J.), dated January 27, 2025, which granted tenant's cross-motion to dismiss the petition in a holdover summary proceeding.
[*1]Per Curiam.
Order (Howard Jacob Baum, J.), dated January 27, 2025, affirmed, with $10 costs.
Civil Court properly granted tenant's cross-motion to dismiss the petition alleging a violation of a "substantial obligation of the tenancy." The notice to cure and notice of termination were defective because they "fail[ed] to cite any specific prohibition in the lease which had been violated by" the alleged conditions in the apartment (Chinatown Apts., Inc. v Chu Cho Lam, 51 NY2d 786, 788 [1980]; see 49 W. 12 Tenants Corp. v Seidenberg, 6 AD3d 243, 244 [2004]; Bray Realty, LLC v Pilaj, 59 Misc 3d 130[A], 2018 NY Slip Op 50426[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: May 20, 2026
Links to or from other sites do not signify endorsement or relationship with them.
Opinion
It appears you are using Adblock. Please disable Adblock to best experience our website.
Bureau Thomas J.K. Smith, State Reporter
Nikgjonaj Realty Corp. v Garber
2026 NY Slip Op 50757(U)
May 20, 2026
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This opinion is uncorrected and will not be published in the printed Official Reports.
Nikgjonaj Realty Corp., Petitioner-Landlord-Appellant,
v
Gloria Garber, Respondent-Tenant-Respondent.
Supreme Court, Appellate Term, First Department
Decided on May 20, 2026
570012/26
Present: James, P.J., Brigantti, Perez, JJ.
Landlord, as limited by its brief, appeals from so much of an order of the Civil Court of the City of New York, Bronx County (Howard Jacob Baum, J.), dated January 27, 2025, which granted tenant's cross-motion to dismiss the petition in a holdover summary proceeding.
[*1]Per Curiam.
Order (Howard Jacob Baum, J.), dated January 27, 2025, affirmed, with $10 costs.
Civil Court properly granted tenant's cross-motion to dismiss the petition alleging a violation of a "substantial obligation of the tenancy." The notice to cure and notice of termination were defective because they "fail[ed] to cite any specific prohibition in the lease which had been violated by" the alleged conditions in the apartment (Chinatown Apts., Inc. v Chu Cho Lam, 51 NY2d 786, 788 [1980]; see 49 W. 12 Tenants Corp. v Seidenberg, 6 AD3d 243, 244 [2004]; Bray Realty, LLC v Pilaj, 59 Misc 3d 130[A], 2018 NY Slip Op 50426[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: May 20, 2026
Links to or from other sites do not signify endorsement or relationship with them.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.