3515 Eastchester Rd., LLC v. Soto, 2025 NY Slip Op 25209 (2025)

Citation: 3515 Eastchester Rd., LLC v. Soto, 2025 NY Slip Op 25209 (2025)
Parent Document: 3515 Eastchester Rd., LLC v. Soto, 2025 NY Slip Op 25209 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-09-16
Original Source: https://www.courtlistener.com/opinion/10675509/3515-eastchester-rd-llc-v-soto/ ↗

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Petitioner now moves for an order "amending the grounds under the Good Cause Eviction Law," arguing that leave to amend a pleading or correct a mistake should be freely granted under CPLR § 3025(b) and/or CPLR § 2001. The proposed Amended Petition (Exhibit 1/NYSCEF Doc #15) seeks to amend paragraph 10 of the original Petition to substitute as the reason for exemption from the GCEL: "because Respondents have engaged in a nuisance and have refused the owner access to make repairs." Petitioner's counsel also seeks an order "deeming the petition amended, nunc pro tunc, to remove the checkmark from Paragraph 2(B) in Petitioner's filed Notice to Tenant of the Applicability of the [GCEL]". Affirm of Petitioner's Attorney at ¶ 2.

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