Case Type

Holdover-Licensee

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-310920-25/QU

Petitioner

NEIGHBORHOOD COALITION FOR SHELTER

Respondent

JAQUAN LASALLE

Judge

Bryan, David J.

Decision/Order Date

2026-04-08

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Court dismissed licensee holdover petition for failure to adequately plead the facts upon which the proceeding is based as required by RPAPL § 741(4), where the predicate notices and petition contained irreconcilable inconsistencies, variously referring to respondent as both a 'licensee' and a 'tenant' with a 'lease agreement.' Court rejected petitioner's argument that the reference to 'tenant' was a mere ministerial error, holding that the inconsistent pleading failed to meet RPAPL § 741(4)'s requirements.

Keywords

Licensee Holdover; RPAPL § 741[4]; Inconsistent Pleading; Respondent Described As Both Licensee And Tenant; Predicate Notice Contradicts Petition; Dismissal For Failure To Plead Facts Accurately

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