In Singh v. Ramirez , Mohinder Singh filed a summary holdover proceeding against Anllir Ramirez.
Ramirez, a rent-stabilized tenant, was served with a notice to cure which alleged that he was in violation of his lease for subletting the unit without the owner's consent, and allowing the occupants to use the apartment for commercial purposes, namely "psychic and palm readings."
The Queens County Civil Court permitted Singh to withdraw that portion of the notice which referred to the subletting, and allowed him to proceed on his commercial-use claim. After the Civil Court awarded the landlord $2800 and possession of the space, Ramirez appealed to the Appellate Term, Second Department.
The AT2 reversed and dismissed the case, finding it "elementary" the predicate was unamendable and Singh was "bound by the notice served." The appellate court was of the opinion it was unfair to allow the landlord to rely on a nonresidential use theory, as "illegal subletting" was the original focus or thrust of the case.
We're betting Ramirez predicted that outcome.
To download a copy of the Appellate Term's decision, please use this link: Singh v. Ramirez