Case Type
Holdover-Breach of Lease
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-302487-24/KL
Petitioner
143 E 59 ST LLC
Respondent
Teliki Eubanks, Tasheem Eubanks, Tashanti Armond, Tasheana Eubanks, "John" "Doe", "Jane" "Doe"
Judge
Grant, Salay K.
Decision/Order Date
2024-11-21
Posture
Post-judgment Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The landlord's holdover case was dismissed due to noncompliance with RPAPL 735 and 733. The court ruled that filing proof of service four days late violated RPAPL 735(2), and service completion six days before the hearing violated RPAPL 733(1)’s timing requirement. The court emphasized the importance of notice requirements for due process, denying the landlord’s cross-motion and dismissing the case without prejudice.
Recommended Citation
"143 E 59 ST LLC v. Eubanks" (2024). All Decisions. 1709.
https://ir.lawnet.fordham.edu/housing_court_all/1709
