Case Type

Holdover-Lease Expiration

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 303685/2024

Slip Opinion Number

2025 NY Slip Op 25001

Petitioner

Sin Hang Lau, WING YAN LAU

Respondent

Yun He Zheng, WEN XIE ZHENG, WEN JING ZHENG

Judge

Ortiz, Javier E.

Decision/Order Date

2025-01-02

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this holdover proceeding, the tenant moved to dismiss the landlord's petition for failing to comply with the pleading requirements of the Good Cause Eviction Law (GCEL), which requires landlords to plead "good cause" for eviction in certain circumstances. The landlord argued that the GCEL's pleading requirements did not apply because the proceeding was commenced before the relevant provisions of the law became effective. The court agreed with the landlord, finding that the proceeding commenced when the petition was filed, not when it was served. The court also granted the landlord's cross-motion to amend the petition to comply with the GCEL, finding that the tenant had not demonstrated any prejudice from the amendment.

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