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-307323-25/QU

Petitioner

Rockaway Place LLC

Respondent

Megan Pryor; John Doe; Jane Doe

Judge

Gurung, Rina

Decision/Order Date

2026-09-16

Posture

Post-Answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this GCEL holdover, the landlord's attorneys failed to appear at a calendar call, resulting in a default. The landlord moved to vacate; the court found law office failure constituted a reasonable excuse but denied the motion because the landlord failed to demonstrate a meritorious defense — its petition lacked the mandatory small landlord disclosures required by RPAPL § 741(5-b). Tenant's cross-motion to dismiss was granted. The failure to include GCEL small landlord disclosures in the pleadings mandates dismissal under Morgan v Caesar; a motion to amend was denied as moot.

Keywords

GCEL; Small Landlord Exemption; Landlord Failed to Demonstrate Meritorious Claims Under CPLR 5015 to Vacate Dismissal on Default; LLC Law § 206; Required Disclosures Not Incorporated; Failure To Provide Small Landlord Disclosures Mandates Dismissal

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