Case Type

Holdover-Lease Expiration

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

L&T 304213/24

Slip Opinion Number

2026 NY Slip Op 30013(U)

Petitioner

175-177 East 3rd St Owner LLC

Respondent

Justin Linn, Christina Neville, John Doe, Jane Doe

Judge

Guthrie, Clinton J.

Decision/Order Date

2026-01-14

Posture

Post-answer Motion by Tenant

Disposition

Other

Winner

Other

Synopsis

The court denied the tenant's motion to dismiss in a holdover proceeding. The tenant's personal jurisdiction defense was waived by interposing unrelated counterclaims for rent abatement and overcharge. Challenges to predicate notice service based on minor discrepancies were insufficient to warrant a traverse hearing. The landlord did not vitiate the notice as the petition was filed before the alleged rent payment was deemed received. The Good Cause Eviction Law was inapplicable as the proceeding commenced before its effective date. However, the court granted the tenant's request for discovery regarding an alleged fraudulent scheme to deregulate the rent-stabilized premises, citing recent amendments allowing review of the full rent history.

Keywords

Personal Jurisdiction Defense Waived Because Respondents Interposed Unrelated Counterclaims; Challenging Substitute Service Requires Sufficient Detail to Warrant Traverse; Minor Discrepancies in Appearance Insufficient; No Vitiation Because Petition Filed Before Rent Check Received; GCEL Not Applicable Because Petition Filed in March 2024; Discovery Granted Fraudulent Scheme to Deregulate

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