Case Type
Non-payment
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
315847-24/KI
Petitioner
564 St. Johns Gardens, LP
Respondent
Shianna Folk
Judge
Slutzky, Elyssa O.
Decision/Order Date
2025-02-27
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The landlord's nonpayment proceeding was dismissed due to the use of a defective Notice of Petition, which omitted mandatory language required by AO 163/19. The court ruled that any modification to the prescribed form rendered it defective, even if seemingly minor, as strict adherence is required to protect unrepresented tenants. The tenant’s motion to dismiss was granted, and the court also permitted the tenant to amend the answer.
Recommended Citation
"564 St. Johns Gardens, LP v. Folk" (2025). All Decisions. 1755.
https://ir.lawnet.fordham.edu/housing_court_all/1755