47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)

Citation: 47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)
Parent Document: 47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-05-28
Original Source: https://www.courtlistener.com/opinion/10594925/47-05-ctr-spe-llc-v-hack/ ↗

Full Text

1,166 chars

Footnote 1:Although not argued by either party, the court finds that it was incumbent on Petitioner to plead and establish that the subject premises was not covered by the Good Cause Eviction Law (GCEL), insofar as the proceeding was commenced upon filing on May 3, 2024, after the April 20, 2024, effective date of the statute (see TD Equities, Inc. v Cribbs, 2025 NY Slip Op 50775 [ Civ Ct, Queens Co 2025]; Queens St. Albans Holdings, LLC v Sands, 86 Misc 3d 275 [Civ Ct, Queens Co 2024]). Nonetheless, as GCEL exempts buildings in which a certificate of occupancy has been issued after January 1, 2009 (see RPL 214(8), and it is apparent from the certificate of occupancy available on the Department of Buildings' website, for which this court takes judicial notice (see King-Knights v Hall, 83 Misc 3d 130 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2024]), that a certificate of occupancy for this recently constructed building was issued in 2012, on the court's own motion, the Petition is deemed amended to plead exemption from GCEL on the basis of RPL 214(8) (see 17th Holdings LLC v Rivera, 195 Misc 2d 531 [App Term, 2d Dept, 2d & 11th Jud Dists 2002]).

Other Sections in This Document (28)

Full Text