Case Type
Holdover-Licensee
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-316025-25/KI
Petitioner
MON & NELA LLC
Respondent
MARINA MARGARIN; JOAN LOIS NOLASCO; "John" "Doe"; "Jane" "Doe"
Judge
Leiber, Nick
Decision/Order Date
2026-03-19
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court granted the tenant's motion to dismiss the landlord's holdover proceeding. The landlord's notice of termination pleaded a month-to-month tenancy, while the petition stated the premises were rent-stabilized. The court found this inconsistent, citing that a rent-stabilized tenancy cannot be month-to-month. Even if the apartment was unregulated or the tenant was a licensee, the landlord failed to amend the petition, and predicate notices are not amendable. Due to numerous material misrepresentations and defects in the landlord's initiating papers, the proceeding was dismissed without prejudice.
Keywords
Defective Termination Notice; Rent Stabilized Tenancy Cannot be Monthly
Recommended Citation
"MON & NELA LLC v. Margarin" (2026). All Decisions. 2161.
https://ir.lawnet.fordham.edu/housing_court_all/2161
