Case Type

Holdover-Licensee

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-332632-25/BX

Petitioner

IHY VAN NEST LLC

Respondent

Justin Enriquez

Judge

Gonzalez, Alberto

Decision/Order Date

2026-05-14

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

A landlord initiated a licensee holdover proceeding against a tenant for an allegedly unregulated apartment. The court granted the tenant's pre-answer motion to interpose a late answer, citing a reasonable excuse and meritorious defenses, and noting RPAPL § 743 allows an answer at any time the petition is heard. The court also granted the tenant's motion to dismiss the petition for the landlord's failure to strictly comply with RPAPL § 741(5)(a) regarding the Good Cause Eviction Law (GCEL). The landlord's notice mistakenly claimed an exemption from GCEL applicable only outside New York City and failed to cross-move to amend, leading to the dismissal of the petition.

Keywords

GCEL; Motion to Interpose Late Answer Under CPLR 3012(d) Granted; Answer in Holdover May be Filed at Any Time Petition is Heard Under RPAPL § 743; Petition Dismissed Because Landlord’s GCEL Notice Under RPL § 231-c Mistakenly Claimed Premises Exempt from GCEL Based on a Statutory Provision Clearly Inapplicable in New York City; No Cross-Motion to Amend the Petition

Download

Takedown Policy

Share

COinS