String of Motion To Dismiss Wins Continues for LLF Clients
In a public housing case, tenants opted to improperly store hazardous equipment and substances in their unit, causing serious risk of damage and injury to the community and its residents. The tenants even refused orders from the fire marshal regarding the items and the landlords was forced to commence an eviction action against them. In this matter, counsel for the defendants attempted to have the case dismissed claiming the mandatory pretermination notice served on the tenants was deficient and that the tenants had remedied their lease defaults. Addressing this popular argument raised by tenants, LLF continued its efforts to correct court perceptions and misguided case law and effectively argued that a defendant must raise a claim of remedy as a special defense in the action. It does not deprive the court of jurisdiction to hear the case. After defeating defendants’ motion to dismiss, LLF negotiated a favorable resolution for the landlord whereby the tenant agreed to vacate the premises in a timely fashion.