Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
Civil Court of the City of New York
County
Richmond County (Staten Island)
L&T / Index / Case / Docket / Clerk's Number
302326-25/RI
Petitioner
CHO HING SZE
Respondent
QI CAI, WEI SANG, JOHN DOE AND JANE DOE
Judge
Smith, Remy
Decision/Order Date
2026-04-13
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The tenant moved to dismiss a holdover proceeding, arguing the landlord's predicate notice was defective for failing to include the Good Cause Eviction Law (GCEL) notice. The court noted that while the landlord's ninety-day predicate notice was served in June 2025, the GCEL notice was not dated until October 2025, nearly four months later. Citing RPL §226-c(1)(a), the court emphasized the requirement for the GCEL notice to be served concurrently with the predicate notice in holdover proceedings. The landlord's failure to comply with this statutory mandate rendered the predicate notice defective, leading to the dismissal of the proceeding without prejudice.
Recommended Citation
"CHO HING SZE v. QI CAI, WEI SANG" (2026). All Decisions. 2200.
https://ir.lawnet.fordham.edu/housing_court_all/2200
