Case Type
Non-payment
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-303875-25/KI
Petitioner
OCEAN 801 LLC
Respondent
ANITA RICH
Judge
Slutzky, Elyssa O.
Decision/Order Date
2026-02-11
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court granted the tenant's motion to amend her answer and for summary judgment, dismissing the landlord's nonpayment petition. The tenant argued that the landlord lacked standing because it failed to comply with Limited Liability Company Law § 206, which requires LLCs to publish their articles of organization and file a certificate of publication. The court found it undisputed that the landlord had not met this publication requirement when the proceeding commenced, thus lacking standing to maintain the action. The court further held that this defect was not curable, rejecting the landlord's arguments to the contrary and distinguishing prior case law.
Keywords
LLC § 206; Publication Requirement of LLCs; Failure To Comply With Publication Requirements Results In Lack of Standing; Failure To Comply With LLC § 206 Incurable
Recommended Citation
"OCEAN 801 LLC v. Rich" (2026). All Decisions. 2147.
https://ir.lawnet.fordham.edu/housing_court_all/2147
