Case Type
Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-318054-24/KI
Petitioner
LO. BUILDINGS LLC
Respondent
SUSAN BROWN
Judge
Arrindell, Travis, J.
Decision/Order Date
2025-10-29
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, the tenant moved to dismiss, alleging the landlord failed to use the required Notice of Petition form mandated by 22 NYCRR § 208.42(b) and Administrative Order 163/19. The court found that the landlord's omission of the phrase "or are deaf or hard of hearing" from the interpretation services section constituted a substantive and fatal defect, akin to a defective predicate notice. Citing precedent, the court held the Notice of Petition was not amendable, thus granting the tenant's motion and dismissing the proceeding. The landlord's cross-motion was not considered.
Keywords
Defective Notice of Petition; Not Amendable; 22 NYCRR § 208.42(b); AO 163/19
Recommended Citation
"LO. BUILDINGS LLC v. Brown" (2025). All Decisions. 2021.
https://ir.lawnet.fordham.edu/housing_court_all/2021
