Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Supreme Court, Appellate Term, Second Department

County

Kings County (Brooklyn)

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

2025-1249 K C

Petitioner

Phillip Morgan

Respondent

Paula Caesar, et al.

Judge

Toussaint, Wavny (P.J.); Buggs, Chereé A.; Quiñones, Joanne D.

Decision/Order Date

2026-06-17

Posture

Appellate Decision

Disposition

Affirmed for Tenant

Winner

Tenant Substantially Won

Synopsis

Landlord commenced a holdover proceeding to recover an unregulated apartment under the Good Cause Eviction Law (GCEL). The Civil Court dismissed the petition for failure to plead GCEL-required information. The Appellate Term, Second Department affirmed, holding that failure to include the information required by the GCEL in the petition is a fatal defect warranting dismissal.

Keywords

Failure to Plead GCEL-Required Information in Petition Requires Dismissal

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