Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT 310244-25/NY
Petitioner
Dyckman 1010 LLC
Respondent
Elsa Brea; Randy Brea
Judge
Blinova, Yekaterina
Decision/Order Date
2026-01-02
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the court granted the tenant's pre-answer motion to dismiss the petition. The landlord's Notice of Petition was deemed defective for failing to comply with the mandatory form prescribed by 22 NYCRR § 208.42(b) and Administrative Order 163/19. The court found that even minor deviations from the standard form were fatal to the proceeding and rejected the landlord's attempt to amend the defective notice. Consequently, the petition was dismissed without prejudice to the landlord's underlying claims.
Keywords
Defective Notice of Petition; 22 NYCRR § 208.42(b); AO 163/19
Recommended Citation
"Dyckman 1010 LLC v. Brea" (2026). All Decisions. 2051.
https://ir.lawnet.fordham.edu/housing_court_all/2051
