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-318983-25/KI
Petitioner
5022 CHURCH AVE LLC
Respondent
Samuel, Tamara
Judge
Jimenez, Sergio
Decision/Order Date
2026-01-30
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
A landlord commenced a GCEL holdover proceeding, alleging the tenant refused to renew the lease with reasonable changes, including rent increases. The court dismissed the petition based on the tenant's pre-answer motion, finding the landlord lacked capacity to sue due to its failure to comply with LLC Law § 206 publication requirements. Although the landlord claimed to be curing the defect, it had not fully done so and made a material error by trying to comply through the Attorney General's Office instead of the Department of State. The proceeding was dismissed without prejudice.
Keywords
HO, GCEL Holdover Alleging Tenant’s Failure to Renew Lease, RPL § 216(j), Dismissed; LLC Law § 206; Failure To Comply With Publication Requirements; Cure Available If Done Expeditiously
Recommended Citation
"5022 CHURCH AVE LLC v. Samuel" (2026). All Decisions. 2094.
https://ir.lawnet.fordham.edu/housing_court_all/2094
