Case Type

Holdover-Licensee

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

LT-319951-24/NY

Petitioner

815 West 180th Group LLC

Respondent

Jonathan Vargas; Christian A Burgas

Judge

Chinea; Daniele

Decision/Order Date

2025-09-26

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this licensee holdover; the court granted the tenant's motion to dismiss the petition; finding the landlord's predicate notice of termination fatally defective. The landlord had temporarily relocated the tenants to a different unit after a fire in their primary residence; alleging they were licensees whose license had expired and were not subject to Good Cause Eviction Law (GCEL) protections. The court found the landlord's pleadings; including the notice of termination and GCEL notice; inconsistent and incomprehensible. It held that these notices failed to accurately apprise the tenants of the fundamental nature and grounds of the proceeding; including their status as tenants; thus warranting dismissal.

Keywords

GCEL; Licensee Holdover; Notice of Termination Defective; Respondents Had Lease for Temporary Relocation Apartment; GCEL Notice Under RPL § 231-c and Notice of Termination Failed to Apprise Respondents of Nature and Grounds for Proceeding

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