Case Type
Holdover-Other
Housing Type
HDFC
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-324279-25/BX
Petitioner
Plaza Off the Park, HDFC
Respondent
Sharon McGowan
Judge
Rumprecht-Behrens, Agata E.
Decision/Order Date
2026-08-31
Posture
Pre-Answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Court dismissed holdover against proprietary lessee in HDFC because petition failed to accurately describe the regulatory status of the unit and tenancy as required by RPAPL § 741(4). Court held that respondent's ability to independently discover the correct regulatory status does not obviate the landlord's burden to describe the premises accurately in the petition from the start.
Keywords
Failure to Plead Rent Regulatory Status; Pleading Rent Regulatory Status is Required Under RPAPL § 741(4); Omission is not Excused Even if Respondent can Discovery Status on Their Own
Recommended Citation
"Plaza Off The Park, HDFC v. McGowan" (2026). All Decisions. 2424.
https://ir.lawnet.fordham.edu/housing_court_all/2424
