Case Type
Non-payment
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-329905-25/KI
Slip Opinion Number
2026 NY Slip Op 26113
Petitioner
Fifty Nine Realty LLC
Respondent
Shia Gottesman
Judge
Bacdayan, Karen M.
Decision/Order Date
2026-07-20
Posture
Pre-Answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court dismissed this nonpayment petition because the landlord LLC failed to comply with the publication requirements of Limited Liability Company Law § 206 at the time the proceeding was commenced. The landlord had published notice of its articles of organization for only 5 consecutive weeks rather than the 6 required by statute. The court rejected the landlord's argument that this noncompliance is curable nunc pro tunc, relying on controlling Appellate Division authority.
Keywords
Petition Dismissed for Failure to Comply with Limited Liability Company Law Procedures; Landlord was Not in Compliance with LLC Law As of Date Proceeding was Commenced; Compliance with LLC Law Not Curable Nunc Pro Tunc
Recommended Citation
"Fifty Nine Realty LLC v. Gottesman" (2026). All Decisions. 2351.
https://ir.lawnet.fordham.edu/housing_court_all/2351
