Jones Living Trust v. Burnell

The Appellate Term reversed a Civil Court order that dismissed a holdover petition based on a defective notice of petition. The tenant had moved to dismiss, arguing the notice failed to conform to the mandatory form under 22 NYCRR § 208.42(b). The Appellate Term held that while non-conformity may be jurisdictional, here the notice was substantially compliant with the spirit and intent of the sample notice. Minor differences pertained to form, not substance, and did not prejudice the tenant's rights. The case was remitted for the Civil Court to determine the remaining branches of the tenant's motion.