Case Type
Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-319882-24/QU
Petitioner
FLORAL PARK PROPERTIES LLC
Respondent
STACE VALENTIN HARTMAN, JOHN DOE, JANE DOE
Judge
Bryan, David, J.
Decision/Order Date
2026-01-08
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In a holdover proceeding, the tenant moved to dismiss for the landlord's failure to serve the required Good Cause Eviction Law (GCEL) notice with the petition. The landlord cross-moved to amend the petition. The court, interpreting RPL § 217 and § 231-c, found that the GCEL notice is akin to a predicate notice requiring strict compliance. Failure to include the GCEL notice with the petition is an incurable and fatal defect. Consequently, the tenant's motion to dismiss was granted, the landlord's cross-motion to amend was denied, and the proceeding was dismissed without prejudice.
Keywords
GCEL; RPL § 231-c GCEL Notice Defect Not Curable; RPL § 217; Unambiguous and Requires Strict Compliance for Notice; Akin to Predicate Notice
Recommended Citation
"Floral Park Properties LLC v. Hartman" (2026). All Decisions. 2081.
https://ir.lawnet.fordham.edu/housing_court_all/2081
