Case Type

Holdover

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-322013-23/KI

Slip Opinion Number

31604(U)

Petitioner

JERMAINIA HOLDINGS LLC

Respondent

LYNDO, CYNTHIA; NELSON, CHANESE; NELSON, DOMINIQUE

Judge

Rumprecht-Behrens, Agata E.

Decision/Order Date

2024-04-30

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The landlord, a foreign entity, initiated a holdover proceeding to recover possession of the premises. However, the tenant successfully moved to dismiss the case, arguing that the landlord lacked standing due to its failure to obtain the necessary Certificate of Authority from the Department of State to conduct business in New York State. Despite the landlord's claim of curing the defect, the court ruled in favor of the tenant, emphasizing compliance with statutory requirements for maintaining legal actions in the state.

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