Case Type
Holdover-Lease Expiration
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-314457-24/KI
Petitioner
LEONID ZEYDELIS
Respondent
ALEKSEY YERSHOV
Judge
Basu, Shantonu J.
Decision/Order Date
2025-07-22
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
A holdover petition was dismissed after the court granted the tenant's motion for summary judgment. The court found that the notice of petition was defective because it did not comply with the form mandated by 22 NYCRR 208.42(b) and Administrative Order 163/19. Citing precedent from other courts, the judge held that even minor technical defects can be grounds for dismissal. The court declined to rule on the tenant's separate argument regarding the landlord's acceptance of rent, as the defective notice of petition was sufficient grounds for dismissal.
Keywords
Improper NOP
Recommended Citation
"Zeydelis v. Yershov" (2025). All Decisions. 1873.
https://ir.lawnet.fordham.edu/housing_court_all/1873
