Case Type
Holdover-Owner’s Use
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
320591/24
Slip Opinion Number
2025 NY Slip Op 25222
Petitioner
Joseph Oved
Respondent
Salim Hasbani; MAYA HASBANI; JOHN DOE; JANE DOE
Judge
Poley; Julie
Decision/Order Date
2025-09-19
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding; the landlord sought possession of an unregulated unit under the Good Cause Eviction Law (GCEL); claiming the family-use exception. The tenant moved to dismiss for failure to state facts. The Civil Court of the City of New York granted the tenant's motion; dismissing the petition without prejudice. The court held that the landlord's petition; which only recited statutory language without identifying the specific family member or alleging unavailability of alternative housing; failed to satisfy RPAPL § 741(4)'s requirement to state material facts; thus depriving the tenant of adequate notice to frame a defense.
Keywords
GCEL; Family-Use Exemption; RPL § 216(1)(g); Failure to State the Facts; RPAPL 741(4)
Recommended Citation
"Oved v. Hasbani" (2025). All Decisions. 1999.
https://ir.lawnet.fordham.edu/housing_court_all/1999
