Case Type
Holdover-Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-312086-24/KI
Petitioner
Schwartz Family Yerusha LLC
Respondent
Steven Schwartz; Jane Doe
Judge
Arrindell, Travis J.
Decision/Order Date
2025-04-22
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Handwritten opinion. In this holdover proceeding, tenant moved to dismiss for lack of standing due to landlord’s failure to comply with LLC Law § 206, which mandates publication of the LLC’s formation. The court held that the failure to publish, as required, is a noncurable defect and deprives the LLC of the ability to maintain a proceeding in New York courts. Relying on binding precedent, (Small Step Day Care, LLC v. Broadway Bushwick Bldrs., L.P., 137 A.D.3d 102 2nd Dept 2016) the court found this defect to be fatal to the landlord's case and granted the tenant’s motion to dismiss. Practice Note: Strict compliance with LLCL § 206 is essential; failure to fulfill the publication requirement renders an LLC unable to initiate litigation in New York courts. Arrindell, Bacdayan, Slutzky, Donoghue, and Ruprecht-Behrens have so ruled in Kings County.
Recommended Citation
"Schwartz Family Yerusha LLC v. Schwartz" (2025). All Decisions. 1801.
https://ir.lawnet.fordham.edu/housing_court_all/1801
