Case Type

Holdover-Lease Expiration

Housing Type

Co-op

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

LT-304924-22/NY

Slip Opinion Number

2023 NY Slip Op 34613(U)

Petitioner

Laritza Mendez

Respondent

Clara Hidalgo; "John" "Doe"; "Jane" "Doe"

Judge

FERDINAND, TRACY

Decision/Order Date

2023-03-08

Posture

Pre-answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Other

Synopsis

In a holdover-lease expiration case before the Civil Court of the City of New York, New York County, the landlord sought to terminate an undertenancy without providing sufficient factual details in the petition regarding the basis for termination. The court found the petition devoid of necessary facts regarding the nature of the undertenancy, its duration, and the reasons for termination, rendering it defective. Consequently, the petition was dismissed without prejudice, and the court declined to address other arguments raised by the tenant, denying the landlord's motion due to the dismissal. The decision is based on RPAPL §741.

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