Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

L&T 315355/24

Slip Opinion Number

2025 NY Slip Op 25144

Petitioner

Kevin Munjal

Respondent

Tamara Ziebke, John Doe, Jane Doe

Judge

Guthrie, Clinton J.

Decision/Order Date

2025-06-18

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

A landlord's holdover petition was dismissed because it failed to properly plead the Good Cause Eviction Law (GCEL) status of the premises. The landlord attempted to amend the petition to claim a "small landlord" exemption, but the proposed amendment was deemed conclusory and lacked specific details required by RPAPL § 741(5-b) and RPL § 214(1), such as the names of all owners, the number of units they own statewide, and their addresses (excluding principal residences). The court held that proper pleading of the GCEL exemption is an essential element of a landlord's prima facie case.

Keywords

GCEL; Conclusory Statements Insufficient under RPAPL § 741(5-b)

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