Opinion
No. 570427/24
11-25-2024
Eastmore Owners Corp., Petitioner-Landlord-Respondent, v. Blance Zelmanovich, Respondent-Tenant-Appellant.
Unpublished Opinion
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Tracy Ferdinand, J.), dated January 4, 2024, which denied her motion to dismiss the petition in a holdover summary proceeding.
PRESENT: Hagler, P.J., Brigantti, James, JJ.
PER CURIAM.
Order (Tracy Ferdinand, J.), dated January 4, 2024, affirmed, with $10 costs.
Tenant-shareholder's motion to dismiss the holdover petition, based upon claimed deficiencies in the notices of default and termination served by the cooperative corporation, was properly denied. The notice of default provided a fact-specific description of the offending conduct, i.e., "excessive and disturbing noise" emanating from tenant's apartment resulting from the "fail[ure] to control [her] dog's incessant barking," and included a log of complaints that building staff received from residents concerning the dates and times of constant barking from March 2021-December 2021. The notice also cited the relevant proprietary lease provisions and House Rules violated, and warned tenant that the lease was terminable upon her failure to cure the default by "preventing [her] dog's incessant barking or permanently removing [her] dog from the apartment by January 31, 2022" (see Chinatown Apts. v Chu Cho Lam, 51 N.Y.2d 786 [1980]; 49 W. 12 Tenants Corp. v Seidenberg, 6 A.D.3d 243 [2004]). The February 2022 notice of termination, which incorporated the notice of default, notified tenant that her lease was terminated because she "continued to permit excessive and disturbing noise to emanate from the apartment by failing to control [her] dog's incessant barking" (see City of New York, v Valera, 216 A.D.2d 237 [1995]; cf. Tomfol Owner Corp. v Hernandez, 201 A.D.3d 453 [2022]).
Tenant's remaining contentions are improperly raised for the first time on appeal or without merit.