Case Type

Other

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-321189-25/KI

Slip Opinion Number

2026 NY Slip Op 50768(U)

Petitioner

140 E 35ST STREET LLC.

Respondent

JASON BOOKER SR., JOHN DOE 1, JANE DOE 1, JOHN DOE 2, JANE DOE 2

Judge

Cohen, Hannah

Decision/Order Date

2026-05-21

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The Civil Court denied tenant's motion to dismiss for landlord's failure to comply with LLC publication requirements under LLCL § 206 at commencement. The court held that noncompliance is not a jurisdictional defect and that subsequent publication warrants nunc pro tunc application, analogizing to the MDL § 325 registration requirement. Because landlord had begun publication and filing with the Department of State, the proceeding was permitted to continue.

Keywords

LLCL § 206; Failure to Publish Articles of Organization; Curable Defect

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