Case Type

Holdover-Breach of Lease

Housing Type

Not given

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

LT-304022-24/QU

Slip Opinion Number

2024 NY Slip Op 51647(U)

Petitioner

Doc Realty Management Inc.

Respondent

Jasmin Morales, Henry German, "John" "Doe", "Jane" "Doe"

Judge

Sanchez, Enedina Pilar

Decision/Order Date

2024-11-25

Posture

Post-judgment Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The landlord sought to vacate dismissal of a holdover proceeding and amend its petition, asserting misapplication of the Good Cause Eviction Law. The court clarified that the GCEL's immediate effect applied to the commencement of proceedings and denied the motion, citing the petition’s failure to comply with RPAPL §741. The court rejected arguments concerning predicate notices and retroactivity, emphasizing that the dismissal arose from procedural defects, not GCEL compliance. The landlord was directed to pursue a new proceeding or other remedies.

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