Case Type
Other
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
331495/2024
Slip Opinion Number
2025 NY Slip Op 51752(U)
Petitioner
Donna Marie Parco as Trustee of the Gardine Premises Trust & Maryanne Riebesell as Trustee of the Gardine Premises Trust
Respondent
Moshe Fisch, Sura Pearl Fisch, Israel Fisch, Jane Doe & John Doe
Judge
Danescu, Madalina
Decision/Order Date
2025-10-28
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The court denied the tenant's motion to dismiss a holdover petition, finding the predicate notice sufficient despite lacking detailed small landlord exemption proof. The landlord was permitted to amend the petition to include Good Cause Eviction Law (GCEL) small landlord exemption information required by RPL § 214(1), as such pleading defects are amendable. The tenant's motion for leave to file an answer was largely granted, and limited discovery was ordered regarding the landlord's claimed exemption and the tenant's harassment counterclaims, while overly broad discovery demands were stricken.
Keywords
GCEL; RPL § 214(1); Small Landlord Exemption; GCEL Pleading Requirements; RPAPL §§ 741[5-b] – Motion To Amend Petition To Include Small Landlord Exemption Information Granted – Leave To Amend Petition Freely Granted – Discovery Motion Granted – Certain Document Demands Overbroad And Vague
Recommended Citation
"Parco v. Fisch" (2025). All Decisions. 2034.
https://ir.lawnet.fordham.edu/housing_court_all/2034
