Case Type
Holdover-Licensee
Housing Type
Other
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-309847-24/NY
Slip Opinion Number
2026 NY Slip Op 30048(U)
Petitioner
BPP St Owner LLC
Respondent
Armillas, Margarita; "John" "Doe"; "Jane" "Doe"
Judge
Vendzules, Jason P.
Decision/Order Date
2026-01-20
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this licensee holdover proceeding, the tenant successfully moved to amend the answer to include an affirmative defense alleging the landlord's failure to use the mandatory Notice of Petition form required by Administrative Order 163/19 and 22 N.Y.C.R.R. § 208.42[b]. The court denied the landlord's cross-motion to amend the defective notice of petition, holding that such a substantive error is a fatal, non-amendable defect, especially since the landlord had been on notice of the mandatory form for over five years. The petition was dismissed without prejudice, as the defect pertains to an element of the landlord's prima facie case.
Keywords
Defective Notice of Petition; Improper Form; 22 NYCRR § 208.42(b); AO 163/19; Petitioner’s Prima Facie Proof At Trial Includes Proof that Notice of Petitioner in Proper Form Was Properly Served; Failure to use Mandatory Notice of Petition Form is Non-Amendable
Recommended Citation
"BPP St Owner LLC v. Armillas" (2026). All Decisions. 2101.
https://ir.lawnet.fordham.edu/housing_court_all/2101
