Case Type

Holdover-Lease Expiration

Housing Type

Other

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

308899-24/QU

Petitioner

84-16 BEACH CHANNEL LLC

Respondent

Kerron Job, Maryanne Butler, John Doe, Jane Doe

Judge

Bryan, David J.

Decision/Order Date

2026-01-08

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The tenant moved to dismiss a residential holdover petition, arguing that the landlord failed to properly plead compliance with the Good Cause Eviction Law (GCEL) or include the required GCEL Notice. The landlord cross-moved to amend the petition to add the GCEL Notice. The court granted the tenant's motion to dismiss without prejudice, finding that the failure to timely serve the information required by RPAPL §§ 741(5)(a) and (5)(b) cannot be cured by amendment. The landlord's cross-motion to amend was denied.

Keywords

GCEL; Failure To Append GCEL Notice To Petition Results In Dismissal; RPAPL §§ 741(5-a), (5-b) Not Amendable

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