Case Type

Non-payment

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-307750-23/KI

Slip Opinion Number

31504(U)

Petitioner

LINCOLN SPONSOR LLC

Respondent

PRISCILLA WELLINGTON

Judge

Howard, Juliet P.

Decision/Order Date

2024-04-24

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this non-payment case, the tenant moved to amend her answer and to dismiss the petition due to a defective rent demand. The court granted the motion to amend, noting the absence of prejudice to the landlord and the potential merit in the proposed defenses. Regarding the motion to dismiss, the court found the rent demand lacking clarity and specificity, particularly concerning additional charges, and dismissed the petition without prejudice, emphasizing the importance of compliance with RPAPL 711.

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