Case Type
Holdover-Lease Expiration
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-324843-25/BX
Petitioner
Xiao Hang Wang
Respondent
Papa Diop, John Doe, Jane Doe
Judge
Baum, Howard
Decision/Order Date
2026-07-13
Posture
Pre-Answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this GCEL holdover proceeding, landlord claimed the small landlord exemption under RPL §214(1) and served a 90-day no-grounds termination notice (RPL §231-c). The petition alleged the apartment was not subject to rent control or stabilization. Tenant moved pursuant to CPLR 3211(a)(7) to dismiss for failure to state a cause of action, arguing landlord failed to incorporate the required small landlord ownership information into the GCEL notice accompanying the predicate notice. The court granted dismissal, holding that failure to include small landlord ownership information in the GCEL notice is a fatal defect and that the predicate notice is unamendable. Landlord's cross-motion to amend the petition was denied.
Keywords
GCEL; Small Landlord Exemption; RPL § 214(1); RPL § 231-c; Small Landlord Ownership Information Must Be Incorporated Into Predicate Notice; Failure To Include Small Landlord Ownership Information In GCEL Notice Accompanying Predicate Notice Is A Fatal Defect; Predicate Notice Is Unamendable
Recommended Citation
"Xiao Hang Wang v. Diop" (2026). All Decisions. 2334.
https://ir.lawnet.fordham.edu/housing_court_all/2334
