Gunthrope-Hardee v. Dormitory Auth., 41 A.D.3d 144 (N.Y. App. Div. 2007). · Go Syfert
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Gunthrope-Hardee v. Dormitory Auth., 41 A.D.3d 144 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
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cited 3× by 1 distinct case · …drug related police raid in which the police came into the building and arrested you, after breaking in your apartment door. at p. 144 ⚠ not in text
cited 3× by 3 distinct cases, 2024–2025 · …in view of all attendant circumstances ⚠ not in text
46 citation events (46 in the last 25 years) across 6 distinct courts.
Strongest positive: 135 W. 89th St., Hous. Dev. Fund Corp. v. Powell (nyappterm, 2025-09-29)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) 135 W. 89th St., Hous. Dev. Fund Corp. v. Powell (2×)
N.Y. App. Term. · 2025 · confidence medium
Measured against the test of reasonableness in view of the attendant circumstances ( see Oxford Towers Co., LLC v Leites , 41 AD3d 144, 144-145 [2007]), we agree that the notice of termination served by landlord was insufficient to serve as a predicate for this holdover proceeding.
examined Cited as authority (rule) 250 Houston Invs. LP v. Collado (3×)
N.Y. App. Term. · 2025 · confidence medium
The notice thus set forth case-specific allegations tending to support landlord's nonprimary residence claim with sufficient detail to have allowed respondent [*2]to prepare a defense ( see Rascoff/Zsyblat Org. v Directors Guild of Am. , 297 AD2d 241, 242 [2002], lv dismissed in part and denied in part 99 NY2d 573 [2003]; City of New York v Valera , 216 AD2d 237 [1995]), and otherwise satisfied the specificity requirements of Rent Stabilization Code (9 NYCRR) § 2524.2(b) and governing precedent ( see Oxford Towers Co., LLC v Leites , 41 AD3d 144, 144-145 [2007]; Hughes v Lenox Hill Hosp. , 22…
examined Cited as authority (rule) Prospero Hall LP v. Paulino (3×)
N.Y. App. Term. · 2025 · confidence medium
Paragraphs 10 and 22 of the governing lease agreement authorized landlord to terminate the tenancy if the apartment was utilized for an "unlawful or illegal purpose, dangerous trade or business," or if tenant engaged in "objectionable conduct which interferes with the rights of others to properly and peacefully enjoy their apartments." The notice served by landlord merely alleged that on March 7, 2023, at 3:45 p.m., tenant was involved in a "drug related police raid in which the police came into the building and arrested you, after breaking in your apartment door." Measured against the test of…
discussed Cited as authority (rule) Ladan Realty Corp. v. Kercy (2×)
N.Y. App. Term. · 2024 · confidence medium
The notice alleged, inter alia, that tenant failed to maintain an "ongoing, substantial, physical nexus with the... [rent stabilized] premises for actual living purposes"; that she failed to spend more than 183 days a year out of the preceding two years at the premises, as confirmed by landlord's agents or employees; that the condition of the subject apartment was such that it was "impossible for anyone to live there, due to extreme clutter," to wit, the "entire floor, furniture, chairs, tables, countertops from wall to wall in all rooms.. [was] covered from floor to several feet in height wit…
discussed Cited as authority (rule) United Hay, LLC v. Heeg
N.Y. App. Term. · 2019 · confidence medium
The notice thus set forth case-specific allegations tending to support landlord's nonprimary residence claim with sufficient detail to have allowed tenant to prepare a defense ( see City of New York v Valera , 216 AD2d 237 [1995]), and otherwise satisfied the specificity requirements of Rent Stabilization Code (9 NYCRR) § 2524.2(b) ( see Oxford Towers Co., LLC v Leites , 41 AD3d 144, 144-145 [2007]; Hughes v Lenox Hill Hosp ., 226 AD2d 4, 18 [1996], lv denied 90 NY2d 829 [1997]).
discussed Cited as authority (rule) 55 Clinton St., LLC v. Schumacher
N.Y. App. Term. · 2019 · confidence medium
The notice thus set forth case-specific allegations tending to support landlord's nonprimary residence claim with sufficient detail to have allowed tenant to prepare a defense ( see Rascoff/Zsyblat Org. v Directors Guild of Am. , 297 AD2d 241 , 242 [2002], lv dismissed in part and denied in part 99 NY2d 573 [2003]), and otherwise satisfied the specificity requirements of Rent Stabilization Code (9 NYCRR) § 2524.2(b) and governing precedent ( see Oxford Towers Co., LLC v Leites , 41 AD3d 144, 144-145 [2007]; Hughes v Lenox Hill Hosp ., 226 AD2d 4, 18 [1996], lv denied 90 NY2d 829 [1997]).
discussed Cited as authority (rule) 151st & Walton LLC v. DeMunn
N.Y. App. Term. · 2019 · confidence medium
The notice thus set forth case-specific allegations tending to support landlord's nonprimary residence claim with sufficient detail to have allowed tenant to prepare a defense ( see City of New York v Valera , 216 AD2d 237 [1995]), and otherwise satisfied the specificity requirements of Rent Stabilization Code (9 NYCRR) § 2524.2(b) ( see Oxford Towers Co., LLC v Leites , 41 AD3d 144, 144-145 [2007]; Hughes v Lenox Hill Hosp. , 226 AD2d 4, 18 [1996], lv denied 90 NY2d 829 [1997]).
discussed Cited as authority (rule) Ochakovsky v. Amin
N.Y. App. Term. · 2018 · confidence medium
Measured against the test of reasonableness in view of the attendant circumstances ( see Oxford Towers Co., LLC v Leites , 41 AD3d 144, 144-145 [2007]), the notice was insufficient to serve as a predicate for this holdover proceeding.
discussed Cited as authority (rule) Amin Mgt LLC v. Martinez
N.Y. App. Term. · 2017 · confidence medium
Measured against the test of reasonableness in view of the attendant circumstances ( see Oxford Towers Co., LLC v Leites , 41 AD3d 144, 144-145 [2007]), the notice sufficiently alleged, inter alia , that tenant had unlawfully sublet the rent stabilized apartment or assigned the lease to three named individuals without the written consent of the landlord in violation of Real Property Law § 226-b and Rent Stabilization Code (9 NYCRR) §§ 2524.3(h) and 2525.6.
discussed Cited as authority (rule) 601 W. Realty, LLC v. Mao Chu Zheng
N.Y. App. Term. · 2017 · confidence medium
The petition included an alternative address that was admittedly correct and the obvious typographical error could not have materially misled or confused the tenant or hindered the preparation of his defense ( see Oxford Towers Co., LLC v Leites , 41 AD3d 144, 145 [2007]).
cited Cited as authority (rule) Barrett Japaning Inc. v. Bialobroda
N.Y. App. Term. · 2017 · confidence medium
Measured against the test of reasonableness in view of the attendant circumstances ( see Oxford Towers Co., LLC v Leites , 41 AD3d 144, 144-145 [2007]), the notices were facially sufficient.
discussed Cited as authority (rule) First Ave. Props. v. McLaughlin
N.Y. App. Term. · 2016 · confidence medium
The notice thus set forth case-specific allegations tending to support landlord's nonprimary residence claim, and was sufficient to satisfy the specificity requirements of Rent Stabilization Code (9 NYCRR) § 2524.2(b) and governing precedent ( see Oxford Towers Co., LLC v Leites, 41 AD3d 144, 144-145 [2007]; Hughes v Lenox Hill Hosp ., 226 AD2d 4, 18 [1996], lv denied 90 NY2d 829 [1997]).
discussed Cited "see, e.g." Rochdale Vil., Inc. v. Wright
Civ. Ct. NYC, Queens Cty. · 2025 · signal: see also · confidence medium
The court finds that the specific reference to the lack of a cure and sufficient facts to support the same are adequate, as a matter of law, to pass muster under the appellate caselaw discussed above and the basic requirement that a predicate notice must be reasonable "in view of the attendant circumstances." (Hughes v. Lenox Hill Hosp., 226 AD2d 4, 18 [1st Dept 1996], lv denied 90 NY2d 829 [1997] ; see also Oxford Towers Co. , LLC v. Leites, 41 AD3d 144, 144-145 [1st Dept 2007]).
cited Cited "see, e.g." Paul Robeson Houses Assoc., L.P. v. Harris
N.Y. App. Term. · 2017 · signal: see also · confidence low
Seminary of Am. v Fitzer , 258 AD2d 337, 337-338 [1999]; see also Oxford [*2] Towers Co., LLC v Leites , 41 AD3d 144 [2007]).
Retrieving the full opinion text from the archive…
In the Matter of Toni Gunthrope-Hardee
v.
Dormitory Authority of the State of New York
Appellate Division of the Supreme Court of the State of New York.
Jun 7, 2007.
41 A.D.3d 144
Published

Judgment, Supreme Court, New York County (William A. Wetzel, J.), entered October 12, 2006, denying the petition brought pursuant to CPLR article 78 seeking to annul respondent Dormitory Authority’s authorization of bonds to refinance respondent Teachers College’s debt, and granting respondents’ cross motion to dismiss this article 78 proceeding, unanimously affirmed, without costs.

The provision in 6 NYCRR 617.5 (c) (23) that “refinancing existing debt” is not subject to review under the State Environmental Quality Review Act is neither unreasonable nor irrational (see Matter of City Council of City of Watervliet v Town Bd. of Town of Colonie, 3 NY3d 508, 518 [2004]). Nor does Parks, Recreation and Historic Preservation Law § 14.09 apply to the refinancing of preexisting debt (see Matter of Committee To Save Washington Sq. v Dormitory Auth. of State of NY., 281 AD2d 770, 772 [2001]). Concur—Tom, J.P. Saxe, Marlow, Sullivan and Williams, JJ.