Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

LT-321140-23/QU

Slip Opinion Number

2024 NY Slip Op 51414(U)

Petitioner

JPMorgan Chase Bank, National Association

Respondent

Shelia Carrasquillo, Sherron Hines, Janel Smith, Regina Toomer, Carlos Perez, Erin Lawson, John Doe, "John" "Doe", "Jane" "Doe"

Judge

Sanchez, Enedina Pilar

Decision/Order Date

2024-10-04

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this post-foreclosure holdover proceeding, the court found the predicate notice defective due to the petitioner's failure to comply with the required 90-day notice under the Protection Tenants at Foreclosure Act (PTFA). The petitioner issued a conflicting notice that created ambiguity by presenting two timelines and then filed for eviction within two weeks, violating the notice’s provisions. As a result, the court dismissed the case without prejudice, emphasizing that a defective notice cannot be amended.

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