Case Type
Holdover-Lease Expiration
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-339809-24/BX
Petitioner
Catholic Kolping Society New York
Respondent
Stephen Mugan
Judge
Dressler, Jordan M.
Decision/Order Date
2026-07-10
Posture
Pre-Answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this lease-expiration holdover, the court dismissed the petition upon finding a manifest discrepancy between the theory of rent-regulation exemption alleged in the petition — RSC §2520.11(f) (charitable/educational institution, institutional affiliation) — and the RPL §231-c GCEL notice served with the predicate notice, which claimed a different exemption based on income-restricted housing. Because the two instruments were irreconcilable as to the basis for GCEL exemption, dismissal was required. Landlord's cross-motion to amend was denied for failure to annex a proposed amended petition as required by CPLR §3025(b).
Keywords
Holdover Dismissed Because Landlord Changes its Theory of the Case as to Why the Apartment is Purportedly Exempt from Rent Regulation; Landlord Claimed the Apartment is Exempt from Rent Stabilization Because it is Owned by a Charitable Institution & For the Same Reason is Exempt from GCEL; GCEL
Recommended Citation
"Catholic Kolping Society New York v. Mugan" (2026). All Decisions. 2317.
https://ir.lawnet.fordham.edu/housing_court_all/2317
