Case Type

Holdover-Lease Expiration

Housing Type

Other

Court

Supreme Court, Appellate Term, Second Department

County

Kings County (Brooklyn)

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

LT-305778-24/Kl

Petitioner

Jones Living Trust By Carol-Ann Jones Caine, Trustee

Respondent

Ms. Eunice Burnell, Ms. Eunice Pennell, Reva Thomas, John Doe, Jane Doe

Judge

Quinones, Joanne D., Mundy, Marina Cora, Oitley, Lisa S.

Decision/Order Date

2026-01-23

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The Appellate Term reversed a Civil Court order that dismissed a holdover petition based on a defective notice of petition. The tenant had moved to dismiss, arguing the notice failed to conform to the mandatory form under 22 NYCRR § 208.42(b). The Appellate Term held that while non-conformity may be jurisdictional, here the notice was substantially compliant with the spirit and intent of the sample notice. Minor differences pertained to form, not substance, and did not prejudice the tenant's rights. The case was remitted for the Civil Court to determine the remaining branches of the tenant's motion.

Keywords

Defective Notice of Petition; 22 NYCRR § 208.42(b); Differences In Form Rather Than Substance Of Notice Of Petition Do Not Warrant Dismissal

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