Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-341809-24/BX

Slip Opinion Number

2025 NY Slip Op 25209

Petitioner

3515 Eastchester Road, LLC

Respondent

Erica Soto, LUIS LOPEZ, "JANE DOE"

Judge

Lutwak, Diane E.

Decision/Order Date

2025-09-16

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

A landlord commenced a "no grounds" holdover proceeding against a tenant. The landlord moved to amend its petition and the "Good Cause Eviction Law" (GCEL) notice, citing new grounds for eviction. The tenant cross-moved for summary judgment, arguing the GCEL notice was not attached to the predicate notice and was defective. The court granted the landlord's motion to amend the petition but denied amendment of the predicate GCEL notice, reaffirming that predicate termination notices are non-amendable. As compliance with GCEL notice provisions is a condition precedent, the court granted the tenant's cross-motion, dismissing the proceeding without prejudice due to the landlord's failure to serve a proper predicate notice.

Keywords

GCEL; Motion to Amend Petition Granted; But Petition Dismissed for Failure to Attach RPL § 231-c Notice to Predicate Notice; Predicate Termination Notice Cannot be Amended

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