Lin v. Genis-Perez

Synopsis

In this GCEL no-grounds holdover, court grants landlord's post-trial motion to amend petition under CPLR § 3025 to conform to proof and assert the small landlord exemption, with required ownership disclosures under RPAPL § 741(5-b). Court holds small landlord disclosures need not be included in the predicate notice — they are required in the petition, not the termination notice. As tenant showed no prejudice, the amendment is permitted and the trial record is reopened to allow tenant to present rebuttal evidence on whether landlord qualifies as a small landlord under RPL § 211.