Case Type

Non-payment

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

316192-25/ QU

Slip Opinion Number

2026 NY Slip Op 26079

Petitioner

29-28 41st Avenue Owner LLC

Respondent

Parzinger Design Inc., Ann Theroux, John Doe, Jane Doe

Judge

Hassan, Amira

Decision/Order Date

2026-05-21

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this nonpayment proceeding, the court denied the tenant's motion for summary judgment and granted the landlord's cross-motion to amend its petition. The tenant argued the landlord could not recover arrears under expired leases per RPAPL § 711(2) and that the predicate Good Cause Eviction Law (GCEL) notice was defective. The court held that arrears under prior leases are recoverable if the landlord-tenant relationship was not severed, as renewals extend the existing tenancy. The court also ruled that a defective GCEL notice is a ministerial error, amendable, and not fatal to a nonpayment proceeding, as it does not prejudice the tenant or alter the rent demand, thus not forming part of the predicate rent demand itself.

Keywords

Nonpayment; Arrears Due Under Prior Leases Recoverable in a Summary Proceeding; Defective Notice in Petition Amendable; GCEL Notice is not Part of the Rent Demand; Defective GCEL Notice Served with Rent Demand is not Fatal

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