Case Type
Holdover-Licensee
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-312084-24/KI
Petitioner
Eleanor Joseph
Respondent
Nadira Smith et al.
Judge
Basu, Shantonu J.
Decision/Order Date
2025-09-02
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court dismissed the landlord's holdover petition because both the petition and the predicate notice were defective. The court found that the documents failed to comply with RPAPL §Â§ 741(2) and (4) by not clearly stating the respondent's interest in the premises or the factual basis for the eviction. The pleadings contained contradictory information and were so vague that the court could not determine the relationship between the parties or the legal grounds for the proceeding. The dismissal was without prejudice, allowing the landlord to file a new, properly pleaded petition.
Keywords
Failure to state the Respondent's interest in the premises pursuant to RPAPL § 741(2); Failure to state the fact upon which the special proceeding is based pursuant to RPAPL § 741(4)
Recommended Citation
"Joseph v. Smith" (2025). All Decisions. 1931.
https://ir.lawnet.fordham.edu/housing_court_all/1931
