Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Queens County (Queens)

L&T / Index / Case / Docket / Clerk's Number

303618/2025

Slip Opinion Number

2025 NY Slip Op 25277

Petitioner

Shoreview Holdings, LLC

Respondent

Maria Fernandez

Judge

Ibrahim, Shorab

Decision/Order Date

2025-12-22

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

Landlord initiated a holdover proceeding, claiming exemption from GCEL as a "small landlord." Tenant moved to dismiss, arguing landlord's failure to comply with LLC law publication requirements, misdescription of premises, exceeding the "small landlord" unit count, and non-compliance of the predicate notice and petition with GCEL's ownership disclosure requirements. The court denied tenant's motion, ruling that late compliance with LLC law cures the defect, that premises description issues were amendable or triable, and that GCEL requires ownership disclosure in the petition (which can be amended) but not the predicate notice. The court granted landlord's motion to amend its affirmation and sua sponte amended the petition.

Keywords

GCEL; Small Landlord Exemption; Landlord Permitted to Amend Petition to Disclose Ownership Information Required by RPAPL § 741(5-b); GCEL Does Not Require Predicate Notice to Contain Ownership Information Required by RPAPL § 741(5-b); Full Compliance with LLC Law Publishing Procedures After Proceeding Commenced Not Basis to Dismiss Petition; Defects in Form of Affirmations Under CPLR 2106 May be Amended/Corrected

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