84-16 BEACH CHANNEL LLC v. Job

The tenant moved to dismiss a residential holdover petition, arguing that the landlord failed to properly plead compliance with the Good Cause Eviction Law (GCEL) or include the required GCEL Notice. The landlord cross-moved to amend the petition to add the GCEL Notice. The court granted the tenant's motion to dismiss without prejudice, finding that the failure to timely serve the information required by RPAPL §§ 741(5)(a) and (5)(b) cannot be cured by amendment. The landlord's cross-motion to amend was denied.