Case Type
Holdover-Licensee
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-320227-24/QU
Slip Opinion Number
2025 NY Slip Op 33503(U)
Petitioner
Phillip Fellin
Respondent
Georgina Martinez
Judge
Tovar, Bryant
Decision/Order Date
2025-09-09
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this licensee holdover proceeding, the tenant moved to dismiss the petition, arguing it was defective for failing to state why the premises were exempt from the New York Good Cause Eviction Law (GCEL) and for not disclosing the number of units owned by the landlord and their addresses, as required by Real Property Law (RPL) § 214 and RPAPL § 741. The court granted the tenant's motion, dismissing the proceeding without prejudice, finding the landlord failed to comply with RPL § 214 by not providing the required ownership information for a "small landlord" GCEL exemption claim.
Keywords
GCEL; Small Landlord Exemption; Petition Dismissed for Failure to Disclose Ownership Information Under RPAPL § 741(5; b)
Recommended Citation
"Fellin v. Martinez" (2025). All Decisions. 1991.
https://ir.lawnet.fordham.edu/housing_court_all/1991
