Case Type
Non-payment
Housing Type
Co-op
Court
Civil Court of the City of New York
County
Richmond County (Staten Island)
L&T / Index / Case / Docket / Clerk's Number
LT-302213-24/RI
Petitioner
Philbear, LLC
Respondent
Meltzer, Matthew
Judge
Fang, Vanessa
Decision/Order Date
2025-04-25
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the tenant moved to dismiss based on the landlord's failure to serve a Good Cause Eviction Law (GCEL) notice as required by RPL § 231-c and use of an outdated notice of petition form. The landlord argued GCEL did not apply to nonpayment cases, that the co-op was exempt, and that the arrears predated the statute's effective date. The court rejected all of these arguments, holding that GCEL applies to proceedings commenced after its effective date regardless of rent default timing, and that the mandatory form of notice of petition "required since 2019 "was not used. The case was dismissed on both grounds. Practice Note: GCEL notice requirements and mandatory court forms apply strictly, even in nonpayment proceedings and co-op contexts.
Recommended Citation
"Philbear, LLC v. Meltzer" (2025). All Decisions. 1807.
https://ir.lawnet.fordham.edu/housing_court_all/1807