"7606 17th Avenue LLC. v. Santiago"
 

Case Type

Holdover-Other

Housing Type

Not Specified

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

320899-24

Petitioner

7606 17th Avenue LLC.

Respondent

Rosemarie Santiago, John Doe, Jane Doe

Judge

Cohen, Hannah

Decision/Order Date

2025-06-13

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In a holdover proceeding, the court dismissed the petition due to a defective notice of petition. Judge Cohen found that the notice contained substantive errors, specifically the use of "the premises" instead of the mandated "your home," and the complete omission of the required explanatory sentence: "that means the landlord says you should be evicted for a reason other than not paying your rent." The court deemed these errors, particularly the omitted sentence, to be significant and not de minimis, as they could confuse a pro se litigant regarding the nature of the holdover. The petitioner's cross-motion to amend was denied as moot.

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