Case Type

Holdover-Lease Expiration

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-300997-25/NY

Petitioner

WAN YOU, INC.

Respondent

GEORGE SKELCHER

Judge

Guthrie, Clinton, J.

Decision/Order Date

2025-10-21

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The court granted the tenant's summary judgment motion and dismissed the landlord's no-grounds holdover petition, which sought an exemption from the Good Cause Eviction Law (GCEL) as a "small landlord." The court found the landlord failed to meet RPAPL § 741[5-b] pleading requirements for specific ownership disclosure. The court also denied the landlord's cross-motion to amend the petition, ruling the proposed amendment lacked merit because it did not disclose ownership units within New York State, only New York City, and was supported by an attorney affirmation without a credible showing of the information's origin.

Keywords

GCEL; Small Landlord Exemption; Petition Dismissed for Failure to Meet Pleading Requirements Under RPAPL § 741[5-b] – Proposed Amended Petition Lacks Merit for Failure to Disclose Ownership Information Within York State not Merely New York City – Landlord Failed to Provide Affirmation Attesting to Ownership

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