Case Type

Holdover-Breach of Lease

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-303757-25/QU

Slip Opinion Number

2026 NY Slip Op 50578(U)

Petitioner

Wagab LLC

Respondent

Lucelly Medina, Suany Bedoya

Judge

Dressler, Jordan M.

Decision/Order Date

2026-03-30

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this Good Cause Eviction Law (GCEL) holdover proceeding, the landlord sought possession due to the tenant's alleged failure to pay rent, leading to a non-renewal of the lease. The tenant moved to dismiss, arguing the predicate notice of non-renewal and termination was defective for lacking specific details about the alleged nonpayment, such as amounts owed or dates due. The Civil Court of the City of New York, Queens County, granted the tenant's motion, dismissing the petition without prejudice. The court held that under GCEL, a predicate notice alleging nonpayment as good cause must include detailed factual allegations beyond a mere assertion of "failure to pay," providing the tenant with sufficient information to assess and defend against the claim.

Keywords

GCEL; Nonpayment of Rent as Good Cause for Eviction; RPL § 216[1][a][i] – Predicate Notice Required to Allege Specific Facts Regarding “Rent Due and Owing”

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