Kukaj v. Egleton

In a holdover proceeding, the tenant moved to dismiss, arguing the landlord failed to plead good cause for eviction as required by the Good Cause Eviction Law (GCEL), claiming the landlord did not qualify for the "small landlord" exemption. The court found the landlord owned more than ten units in New York State, including an owner-occupied two-family home (where the second unit counted toward the limit based on the Certificate of Occupancy) and a vacant unit under construction. Therefore, the court held the landlord was not exempt from GCEL, and thus failed to provide the necessary good cause and notices. The tenant's motion to dismiss was granted, and the proceeding was dismissed.