Case Type

Holdover-Lease Expiration

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-310352-25/QU

Petitioner

MICHAEL ZHENG, QI XIONG CHEN

Respondent

YENI A. AVELAR, KEILY OTERO, JOHN DOE, JANE DOE

Judge

Tovar, Bryant F.

Decision/Order Date

2026-05-19

Posture

Pre-answer Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this GCEL holdover, petitioners sought to re-argue or renew the court's prior decision dismissing the proceeding for failure to include statutorily required information in the predicate notice and petition to claim the GCEL small landlord exemption. The court denies the motion, distinguishing Shoreview Holdings, LLC v Fernandez (2025 NY Slip Op 25277) because in that case the affirmation in support of the amendment was submitted by someone with personal knowledge—unlike here.

Keywords

GCEL Allegations Required in Petition; Attorney Affirmation in Support of Amendment of Petition Insufficient as Attorney Lacked Personal Knowledge

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