Case Type
Non-payment
Housing Type
Other
Court
CIVIL COURT OF THE CITY OF NEW YORK
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
L&T 310163/24
Petitioner
SHAMIE, LLC
Respondent
STERLING RUSH
Judge
Slutzky, Elyssa O.
Decision/Order Date
2024-12-20
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the tenant moved to dismiss the petition because the landlord used a modified version of the mandatory Notice of Petition form. The court granted the motion, finding that the landlord's modifications to the form, including changes to language regarding the potential loss of the tenant's home and the right to counsel, were improper and could confuse unrepresented tenants. The court dismissed the proceeding without prejudice, allowing the landlord to refile using the correct form.
Recommended Citation
"SHAMIE, LLC v. RUSH" (2024). All Decisions. 1731.
https://ir.lawnet.fordham.edu/housing_court_all/1731
