"Philbear, LLC v. Meltzer"
 

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on the landlord's failure to serve a Good Cause Eviction Law (GCEL) notice as required by RPL § 231-c and use of an outdated notice of petition form.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.

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