Case Type
Holdover-Breach of Lease
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-306358-23/KI
Petitioner
Lauren Wellington
Respondent
Sharon Lucien
Judge
Howard, Juliet P.
Decision/Order Date
2025-09-10
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
A landlord's motion to amend a petition to correct a misdescription of the premises was denied, leading to the dismissal of the holdover case. The court found that the misdescription, a violation of RPAPL § 741(3), was a fatal jurisdictional defect that could not be corrected, even though the parties had previously stipulated to a final judgment of possession. The tenant's cross-motion for harassment was also denied without prejudice, with the court advising the tenant to seek relief in a separate HP action, as the prior two-attorney stipulation of settlement had not addressed the harassment claims. The ruling highlights that proper pleading is a fundamental requirement in summary proceedings.
Keywords
Misdescription of the Premises; RPAPL 741(3); Cross-Motion for Harassment Denied without Prejudice
Recommended Citation
"Wellington v. Lucien" (2025). All Decisions. 1933.
https://ir.lawnet.fordham.edu/housing_court_all/1933
