Case Type
Holdover-Breach of Lease
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
L&T 306594-24/KI
Slip Opinion Number
2025 NY Slip Op 50288(U)
Petitioner
MTGLQ Investors, LP
Respondent
Wayne Mendoza, Nigel Mendoza, Jacqueline Mendoza, "John Doe", "Jane Doe"
Judge
Ortiz, Javier E.
Decision/Order Date
2025-02-21
Posture
Post-answer Motion by Tenant
Disposition
Motion Denied for Tenant
Winner
Landlord Substantially Won
Synopsis
In this post-foreclosure holdover proceeding, the tenant moved to dismiss the petition based on the use of an outdated predicate notice. The petitioner, MTGLQ Investors, admitted to a filing error and cross-moved to amend the petition, submitting the correct notice of service. The court, under CPLR §2001, allowed the petitioner to correct the error and deemed the correct notice served nunc pro tunc, denying the tenant’s motion to dismiss. The tenant's motion to file an answer was granted, and the matter was scheduled for trial.
Recommended Citation
"MTGLQ Invs., LP v. Mendoza" (2025). All Decisions. 1742.
https://ir.lawnet.fordham.edu/housing_court_all/1742
