Case Type
Holdover-Non-primary Residence
Housing Type
Rental
Court
Supreme Court of the State of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
528480/2021
Slip Opinion Number
2024 NY Slip Op 31993(U)
Petitioner
479 Hicks Street LLC
Respondent
Maruja Rial, Christina Jal Nickas
Judge
Sweeney, Peter P.
Decision/Order Date
2024-06-05
Posture
Pre-answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Landlord Substantially Won
Synopsis
In a holdover-Non-primary residence case, landlord 479 Hicks St. LLC sought to remove tenant from an apartment, alleging she was not the primary resident. The court initially dismissed the action due to the landlord's failure to comply with statutory notice requirements under 9 NYCRR 2204.3, even after granting re-argument to correct procedural errors. This case underscores the importance of strict adherence to procedural rules in holdover proceedings, impacting a landlord's ability to maintain eviction actions based on non-primary residence without proper notice to regulatory authorities.
Recommended Citation
"479 Hicks St. LLC v. Rial" (2024). All Decisions. 1569.
https://ir.lawnet.fordham.edu/housing_court_all/1569
