Dyckman 1010 LLC v. Brea

Abstract

In this nonpayment proceeding, the court granted the tenant\u27s pre-answer motion to dismiss the petition. The landlord\u27s Notice of Petition was deemed defective for failing to comply with the mandatory form prescribed by 22 NYCRR § 208.42(b) and Administrative Order 163/19. The court found that even minor deviations from the standard form were fatal to the proceeding and rejected the landlord\u27s attempt to amend the defective notice. Consequently, the petition was dismissed without prejudice to the landlord\u27s underlying claims