[Civ Ct, NY County 1970]).
In this case, the petition fails to comply with the require-
ments of section 741 (4), because the plain statement of a lump
sum of arrears failed to provide the respondent with the infor-
mation necessary to identify and interpose potential defenses.
Did these arrears accrue before the notice of nonrenewal was
served or after? Do they represent payments tendered but not
deposited? Checks that were lost or stolen? Did the shortfall
result from payments having been applied toward other fees?
Without a basic articulation of the specific payments that were
missed or the periods of time in which the arrears accrued, a
tenant is prejudiced in their ability to resolve the underlying
dispute or craft a legal defense. While a petition—unlike a pre-
requisite notice (see Chinatown Apts. v Chu Cho Lam, 51 NY2d
786, 788 [1980])—is potentially amendable absent prejudice,
here the petitioner has not moved for this relief.
Because the petition fails to pass muster under section 741
(4), the proceeding must be dismissed.
Therefore, it is ordered that respondent’s motion to dismiss
is granted and the proceeding is dismissed; and ordered
petitioner’s cross-motion for use and occupancy is denied as ac-
ademic.
1082 86 MISCELLANEOUS REPORTS, 3d SERIES
[231 NYS3d 802]
GO HPS LLC, Petitioner, v DONDRE HARRIS, Respondent.
Civil Court of the City of New York, Queens County, March 26, 2025
HEADNOTES
Landlord and Tenant — Summary Proceedings — Nonpayment
Proceeding Involving Premises Covered by Coronavirus Aid,
Relief, and Economic Security Act — 30-Day Notice to Vacate
Requirement in 15 USC § 9058 (c) (1) Remains in Effect Absent
Action by Congress
RESEARCH REFERENCES
By the Publisher’s Editorial Staff
AM JUR 2d Landlord and Tenant §§ 814–817, 836.