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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Unlike those cases, here, the GCEL notice provisions of RPL § 231-c were in effect at the time Petitioner's termination notice was prepared (August 26, 2024) and served (August 29, 2024) and required the RPL § 231-c Notice to be appended to the termination notice. It is not necessary for this court to resolve the parties' disputes over whether the original RPL § 231-c Notice was or was not attached to Petitioner's termination notice [FN2]
or whether Petitioner was required but failed to serve a 10-day notice to cure in connection with its originally alleged good cause ground of violation of a substantial obligation of the tenancy. Assuming but not deciding that the RPL § 231-c Notice was attached, it is black-letter law that predicate termination notices are non-amendable. Chinatown Apts v Chu Cho Lam (51 NY2d 786, 787, 412 NE2d 1312, 433 NYS2d 86 [1980]). Just as the termination notice under RPL §§ 226-c and 232-a is non-amendable, it follows that also non-amendable is the new RPL § 231-c Notice, which must be appended to the termination notice to advise the tenant of the applicability or inapplicability of the Good Cause Eviction Law, and, where applicable, the reason permitted under that law for the landlord's nonrenewal of the lease.

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