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

LT-319695-24/QU

Petitioner

GLOBAL REALTY MANAGEMENT NY, LLC

Respondent

AGNIESZKA WIATROWICZ, JACEK WIATROWICZ, JOHN DOE, JANE DOE

Judge

Bryan, David J.

Decision/Order Date

2026-02-06

Posture

Post-judgment Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this GCEL non-renewal holdover proceeding based on alleged non-payment, the court granted the tenant's motion to vacate a default judgment and dismiss the case. The tenant demonstrated a reasonable excuse for default due to mental health issues stemming from domestic abuse. The court also found meritorious defenses, specifically that the 90-day notice of termination was fatally defective. The notice failed to provide specific details regarding the amount of rent owed, the periods for which it was due, or information about any rent increases, which prevented the tenant from preparing a defense or exercising their right to cure the alleged default.

Keywords

Good Cause Eviction Law; Non-Renewal Based on Alleged Non-Payment of Rent as Good Cause; RPL § 216[1][a][i] – Motion to Vacate Default and Dismiss Proceeding Granted Due to Defective Predicate Notice – 90-Day Notice of Termination Lacks Specificity and Contains Conclusory Allegations – Predicate Notice Must Contain Specific Facts of Alleged “Rent Due and Owing”

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