Zeydelis v. Yershov

Abstract

A holdover petition was dismissed after the court granted the tenant\u27s motion for summary judgment. The court found that the notice of petition was defective because it did not comply with the form mandated by 22 NYCRR 208.42(b) and Administrative Order 163/19. Citing precedent from other courts, the judge held that even minor technical defects can be grounds for dismissal. The court declined to rule on the tenant\u27s separate argument regarding the landlord\u27s acceptance of rent, as the defective notice of petition was sufficient grounds for dismissal