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-308905-24/QU

Slip Opinion Number

2025 NY Slip Op 52252(U)

Petitioner

Sylvester Okonkwo, Valerie Okonkwo

Respondent

Michael Galbreath, John Doe, Jane Doe

Judge

Sanchez, Enedina P.

Decision/Order Date

2025-04-03

Posture

Pre-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this expired license holdover proceeding, Respondent moved to dismiss on the ground that the subject SRO building is subject to the Good Cause Eviction Law and Petitioner had not alleged cause to evict. The court dismissed the petition because Petitioner, though claiming the small landlord exemption under RPL § 231-c, failed to plead in the petition or predicate notice the ownership disclosure required by RPAPL § 741(5-a) and (5-b).

Keywords

GCEL; Small Landlord Exemption; Petition Dismissed Because Failed to Disclose His Ownership Interests in Other Residential Property in Either the Predicate Notice or In the Petition, as Required by RPAPL § 741(5-a) & (5-b)

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