Case Type

Holdover-Lease Expiration

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-304713-25/KI

Petitioner

EVURICH PITKIN LLC

Respondent

Sharon Gonzalez; William Rosas Jimenez; Jane Doe; John Doe; Jane Doe

Judge

Weisberg, Michael, L

Decision/Order Date

2025-11-24

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this GCEL holdover proceeding, the tenant's pre-answer motion to dismiss the petition was granted. The court held that predicate notices of nonrenewal based on nonpayment grounds under the Good Cause Eviction Law must meet the same "rent demand" pleading standard required for commercial holdover proceedings. The landlord's notice, which failed to provide specific details or an accounting of the alleged "rent due and owing," was deemed insufficient, necessitating dismissal of the petition. The decision affirms that specific factual apprising is required in GCEL nonpayment notices.

Keywords

GCEL; Nonpayment of Rent as Good Cause for Eviction; RPL § 216(1)(a)(i); Predicate Notice Must Apprise Tenant of Specific Facts Underlying the Proceeding and is Required to Include Accounting of Alleged “Rent Due and Owing” Just as in Rent Demand

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