"NYCHA v. RODRIGUEZ"
 

Case Type

Defective Notice of Petition

Housing Type

Licensee Holdover

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-300017-24/RH

Petitioner

NYCHA (Red Hook East Houses)

Respondent

Felipe Rodriguez III, John Doe, Jane Doe

Judge

Hudson, Sharen D.

Decision/Order Date

2025-03-11

Posture

Tenant's Motion to Dismiss

Disposition

Motion Granted for Tenant

Winner

Tenant Fully Won

Synopsis

NYCHA sought to evict a licensee but failed to use the mandatory Notice of Petition form required by 22 NYCRR § 208.42(b) (AO 163/19). The court ruled this procedural defect was fatal to the proceeding, granting the tenant's motion to dismiss without prejudice.

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