Case Type

Holdover-Owner's Use

Housing Type

Not Given

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-334433-23/KI

Slip Opinion Number

2024 NY Slip Op 51311(U)

Petitioner

Hull Unique Equities LLC

Respondent

Tyiesha Boone; John Doe; Jane Doe

Judge

Rumprecht-Behrens, Agata, E.

Decision/Order Date

2024-09-13

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The landlord, Hull Unique Equities LLC, initiated a holdover proceeding against the tenant, Tyiesha Boone, seeking to recover the premises located at 2350 Pacific Street, Apt 3, Brooklyn, NY 11233. The tenant responded by moving to dismiss the case on the grounds that the landlord had failed to comply with New York's Limited Liability Company Law §206(a) by not publishing its articles of organization within 120 days of its formation. The court granted the tenant's motion, dismissing the case without prejudice and finding that the landlord's failure to comply with the LLC Law was a fatal defect that could not be cured.

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