"564 St. Johns Gardens, LP v. Folk"
 

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.

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