Case Type

Holdover-Other

Housing Type

Not Stated

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-316355-25/KI

Petitioner

397 E 49th St LLC

Respondent

Oneil A. Branford

Judge

Weisberg, Michael

Decision/Order Date

2026-07-27

Posture

Pre-Answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

This superintendent holdover was dismissed for a defective notice of petition containing outdated COVID-19 pandemic-era language informing the respondent that the case would be on hold until further notice and that settlement conferences required both sides to have attorneys. The court found this language contrary to the spirit and intent of the mandatory form required by 22 NYCRR § 208.42(b) and Administrative Order 163/19, and prejudicial to the respondent.

Keywords

Superintendent Holdover Dismissed for Defective Notice of Petition; Notice of Petition's Use of Outdated COVID-19 Pandemic Language Found Contrary to Spirit and Intent of the Form Prescribed by 22 NYCRR § 208.42(b) & AO 163/19

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