Case Type

Holdover-Superintendent

Housing Type

Not Stated

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

LT-300155-26/NY

Slip Opinion Number

Not Stated

Petitioner

J&S 49 Prince LLC

Respondent

Jose A. Parra

Judge

Jason P. Vendzules, J.

Decision/Order Date

2026-09-21

Posture

Post-Answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Respondent superintendent moves for summary judgment dismissing this RPAPL §713(11) holdover on the ground that petitioner's notice of petition materially departed from the mandatory form prescribed by AO/163/19 and 22 NYCRR §208.42(b): the "Language Help" multilingual section contained corrupted characters, organizational boxes were omitted, and prescribed emphasis and visual spacing were eliminated. Court holds that "mandatory" means the prescribed form must be used—it is not suggested language from which a petitioner may construct a substitute—and applies the First Department's strict compliance standard from Riverside Syndicate, Inc. v. Saltzman, 49 AD3d 402 [1st Dept 2008]. The departures impair the form's access-to-justice function and are not technical defects curable under CPLR 2001; petitioner showed no good cause for waiver under 22 NYCRR §208.1(b), given that court administration supplies the blank form at no cost and compliance requires nothing more than filling it in. Summary judgment granted; petition dismissed without prejudice. Cross-motion to amend the notice of petition nunc pro tunc denied.

Keywords

Holdover; Superintendent; RPAPL § 713(11); Defective Notice of Petition; 22 NYCRR § 208.42(b); Administrative Order 163/19; Strict Compliance Required; Saltzman; Burnell Distinguished; Cross-Motion to Amend Denied; Protective Function of Mandatory Form; Dismissed Without Prejudice

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