Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

LT-001159-26/QU

Petitioner

Joseph Manasee

Respondent

Fidler

Judge

Guthrie, Clinton J.

Decision/Order Date

2026-10-21

Posture

Pre-Answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Handwritten opinion. In this GCEL holdover, the court dismisses for failing to plead GCEL status under RPAPL § 741(5-a) and failing to include the small landlord exemption disclosures required by RPAPL § 741(5-b) and RPL § 214(1), per Morgan v Caesar. Petitioner's motion to amend was denied because the proposed amended petition did not correct the deficiencies.

Keywords

GCEL; Failure To Plead GCEL Status Mandates Dismissal; RPAPL 741; Failure To Append Or Incorporate Small Landlord Exemption Disclosures Subjects Petition To Dismissal; RPAPL 214[1]

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