Case Type

Holdover-Breach of Lease

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

LT-303346-25/KI

Petitioner

JUPITER 7 6 LLC

Respondent

Quinn, John Doe, Jane Doe

Judge

Basu, Shantonu, J.

Decision/Order Date

2025-12-08

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this Good Cause Eviction Law (GCEL) holdover proceeding based on the tenant's alleged nonpayment of rent, the court denied the tenant's pre-answer motion to dismiss the petition. The tenant argued that the predicate 90-day notice of termination lacked specific details regarding the alleged rent arrears. The court ruled that the predicate notice is sufficient if it generally apprises the tenant of the issues, deeming specific arrears information unnecessary at the earliest stage of the proceeding, thus disagreeing with other courts that require such detail. The court further elaborated on a three-step procedure for a tenant to cure nonpayment in a GCEL-covered tenancy post-commencement.

Keywords

GCEL; Nonpayment of Rent as Good Cause for Eviction; RPL § 216(1)(a)(i); Predicate Notice Need Not Apprise Tenant of Specific Facts Underlying the Proceeding and is Not Required to Include Accounting of Alleged “Rent Due and Owing”

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