Case Type
Non-payment
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 # 330206-24
Slip Opinion Number
2025 NY Slip Op 51705(U)
Petitioner
Rogers Realty LLC.
Respondent
Shon Phillip, Destiny McCallu, Melanie Phillip Khloe Phillip
Judge
Cohen, Hannah
Decision/Order Date
2025-10-24
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In this nonpayment proceeding, the tenant moved to amend her answer and dismiss the case, arguing the landlord failed to comply with LLCL § 206 by not publishing its incorporation details when the action commenced. The landlord submitted proof of belated publication. The court granted the tenant's motion to amend the answer but denied the motion to dismiss. It held that the landlord's failure to comply with LLCL § 206 at the time of commencement was not a jurisdictional defect and could be cured nunc pro tunc by subsequent publication, thereby allowing the landlord to maintain the action.
Keywords
LLCL § 206; Failure to Comply with Publication not Fatal
Recommended Citation
"Rogers Realty LLC. v. Phillip" (2025). All Decisions. 2022.
https://ir.lawnet.fordham.edu/housing_court_all/2022
