Case Type

Holdover-Lease Expiration

Housing Type

Not Stated

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

LT-314297-24/QU

Slip Opinion Number

2026 NY Slip Op 32108(U)

Petitioner

Plaza Gardens Real Estate Corp.

Respondent

Rhonda Pitts, John Doe, Jane Doe

Judge

Guthrie, Clinton J.

Decision/Order Date

2026-07-06

Posture

Pre-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Landlord commenced a holdover proceeding seeking to recover the premises under the Good Cause Eviction Law (GCEL) on the ground of good faith withdrawal of the unit from the rental market under RPL §216(1)(i). The court dismissed the petition, holding that while GCEL provides withdrawal from the rental market as a ground for removal, a landlord invoking that ground must still satisfy the pleading requirements of RPAPL §741(4), and landlord failed to do so.

Keywords

GCEL; Ground for Removal; RPL § 216(1)(i); Pleading Requirements Under RPAPL § 741(4) Must Still be Met

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