Lev Realty Group, LLC v. Nassar
2025 NY Slip Op 50856(U)
Civ. Ct. NYC, Queens Cty.2025Background
- Lev Realty Group, LLC (landlord) brought a summary proceeding against Ahmed Nassar (tenant) for allegedly refusing to provide access needed to repair housing violations, specifically to replace the front door and repair ceiling leaks.
- Petitioner requested access on four weekend dates in June 2024; respondent argued these dates were improper under NYC regulations that generally bar weekend access unless exceptions apply.
- The proceedings included motions to dismiss by respondent under CPLR § 3211(a)(7) and for summary determination under CPLR § 409(b), arguing notices were invalid and that the matter was moot since access and repairs were ultimately completed.
- Petitioner cross-moved successfully to amend pleadings to comply with Good Cause Eviction Law notice requirements.
- The court heard substantial factual submissions, including text message evidence of respondent's pattern of requesting weekend access since 2018 and evidence of open class C violations at the apartment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Weekend Access Notices | Weekend dates were routinely accepted/requested by tenant; exceptions to rule apply | Notices invalid because all access dates were weekends and not permissible under city rules | Notices sufficient; tenant consent and class C violations justified weekend access |
| Motion to Dismiss (CPLR § 3211(a)(7)) | Complaint states a valid cause of action | Dismissal required for improper/insufficient notices | Motion denied; pleadings sufficient under notice standards |
| Mootness After Access Provided (CPLR § 409(b)) | Violation closure, not just repairs, is central; respondent's actions delayed cure | Case moot because access was provided and repairs performed | Case not moot; relief based on rights as of case commencement; trial warranted |
Key Cases Cited
- Leon v. Martinez, 84 N.Y.2d 83 (pleading standard for motion to dismiss)
- 511 W. 232nd Owners Corp. v. Jennifer Realty Co., 98 N.Y.2d 144 (liberal construction of pleadings)
- Nestor v. McDowell, 81 N.Y.2d 410 (primary rights at issue determined as of action commencement)
- 12 Broadway Realty, LLC v. Levites, 44 A.D.3d 372 (tenant's refusal of access may constitute a nuisance)