Floral Park Properties LLC v. Hartman

In a holdover proceeding, the tenant moved to dismiss for the landlord's failure to serve the required Good Cause Eviction Law (GCEL) notice with the petition. The landlord cross-moved to amend the petition. The court, interpreting RPL § 217 and § 231-c, found that the GCEL notice is akin to a predicate notice requiring strict compliance. Failure to include the GCEL notice with the petition is an incurable and fatal defect. Consequently, the tenant's motion to dismiss was granted, the landlord's cross-motion to amend was denied, and the proceeding was dismissed without prejudice.