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's Motion to Amend PetitionTo the extent Petitioner's motion seeks to amend the Petition itself, the motion is granted. Under CPLR R 3025(b), leave to amend a pleading "shall be freely given" absent prejudice. Paragraph 10 of the Petition states: "The subject premises may be subject to the Good Cause Eviction (GCE) requirements under Article 6A of the New York State Real Property Law (RPL) and to RPL § 231-c, unless an exemption applies. An exemption exists because Respondents have an outstanding balance of unpaid rent/use and occupancy as of the date of this petition." The court will permit Petitioner to substitute its proposed new second sentence of paragraph 10 of the Petition: "An exemption exists because Respondents have engaged in a nuisance and have refused the owner access to make repairs."

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