Case Type
Holdover-Licensee
Housing Type
Interim Multiple Dwelling
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-313487-25/NY
Petitioner
CEMT Broadway Inc.
Respondent
Bahiyyah Asante, John Doe, Jane Doe
Judge
Meyers, Adam R.
Decision/Order Date
2026-08-16
Posture
Pre-Answer Motion by Landlord
Disposition
Motion Denied for Landlord
Winner
Tenant Substantially Won
Synopsis
In this loft law licensee holdover proceeding, Respondent moved to dismiss on the ground that the notice of petition used a form that deviated from the mandatory form prescribed by 22 NYCRR § 208.42(b) and AO 163/19. Petitioner cross-moved to compel discovery. The court denied the motion to dismiss under the Burnell standard, finding the deviation non-prejudicial to Respondent, and addressed the discovery motion separately.
Keywords
Defects in Notice of Petition in Loft Law Licensee Held to be Non-Prejudicial to Respondent Under Burnell Standard; Notice of Petition's Text Differed From that Prescribed by 22 NYCRR § 208.42(b) & AO 163/19
Recommended Citation
"CEMT Broadway Inc. v. Asante" (2026). All Decisions. 2392.
https://ir.lawnet.fordham.edu/housing_court_all/2392
