Case Type
Holdover-Licensee
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
L&T 301765-25
Petitioner
TOORAK REAL ESTATE HOLDINGS V LLC
Respondent
“MS. GRIFFINS”, “JOHN DOE”, and “JANE DOE”
Judge
Weisberg, Michael L.
Decision/Order Date
2025-12-15
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this post-foreclosure holdover case involving an unregulated tenancy, the court granted the tenant's motion to dismiss the petition. The landlord, a limited liability company (LLC), failed to comply with Limited Liability Company Law § 206 by only publishing notice of its initial articles of organization for five consecutive weeks instead of the statutorily required six. Citing precedent, the court rejected the landlord's argument that it had cured this defect, holding that incomplete publication meant the defect remained uncured. Consequently, the landlord was precluded from maintaining the action, and the petition was dismissed.
Keywords
Petition Dismissed for Failure to Comply with LLC Law Publishing Procedures; Notice of LLC Initial Articles of Organization Must be Published for 6 Consecutive Weeks
Recommended Citation
"TOORAK REAL ESTATE HOLDINGS v. LLC v. Griffins" (2025). All Decisions. 2061.
https://ir.lawnet.fordham.edu/housing_court_all/2061
