Case Type

Non-payment

Housing Type

Other

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-334500-24/KI

Petitioner

1909 REALTY LLC

Respondent

INNA LUKYAN; "John" "Doe" ; "Jane" "Doe"

Judge

Cohen, Hannah

Decision/Order Date

2026-04-22

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this nonpayment case, the court denied the tenant's pre-answer motion to dismiss, which alleged a failure to state a cause of action due to the landlord's missing affidavit of service for the GCEL notice. The court granted the landlord's cross-motion to amend its affidavit of service. The landlord presented an affirmation from the process server agency explaining a "computer glitch" caused the omission and asserting the GCEL notice was served. This ruling allowed the landlord's case to proceed.

Keywords

No Affidavit of Service for GCEL Notice; Petitioner Allowed to Amend

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