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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Attached to the proposed Amended Petition is a revised "Notice to Tenant of Applicability or Inapplicability of the [GCEL]". In a supporting affirmation, Petitioner's agent refers to a "clerical error" in that, "the petition herein, specifically ¶ 2(B) of the Notice of the Applicability of the GCEL contained within the petition, inadvertently reflected the subject unit as exempt from the GCEL because the unit is owned by a 'small landlord'." Petitioner's agent goes on to describe "the ongoing nuisance created by Respondent" constituting good cause for eviction, specifically, "Respondent has created numerous leaks as a result of her improper use of a window placed AC unit has withheld access to us in order to make inspections and repairs [and has] stored motorcycles and motorcycle parts in the common areas of the building and the front of the building which restricts other tenants' ability to navigate through the common areas", Affirm of Petitioner's Agent at ¶¶ 7, 8, 9, 10, and asserts that this conduct "occurs year round and continues unabated", id. at ¶ 11.

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