Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

312286/24

Petitioner

T.L PROPERTlES, LLC

Respondent

MARV ELLE CUMBERBATCH, ET AL.

Judge

Weisberg, Michael L.

Decision/Order Date

2025-06-11

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In a "no grounds" holdover, the court denied the tenant's motion to dismiss, which argued that the landlord failed to add five days to the 90-day predicate notice period when serving by mail, per the *Landaverde* rule. The court held that the policy concerns justifying the *Landaverde* rule for short notices to cure do not apply to a 90-day termination notice under RPAPL 226-c, which gives the tenant months to prepare. Furthermore, since service required both mail and conspicuous posting, the timely posting on the tenant's door independently provided the full 90 days' notice.

Keywords

Applicability of Landaverde; Not Applicable RPAPL 226-c

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