One Dutchess Phase 2, LLC v Roman (2026 NY Slip Op 50402(U))
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One Dutchess Phase 2, LLC v Roman
2026 NY Slip Op 50402(U) [88 Misc 3d 1241(A)]
Decided on March 11, 2026
City Court Of Poughkeepsie, Dutchess County
Mora, J.
Published by New York State Law Reporting
Bureau
pursuant to Judiciary Law § 431.
As corrected in part through July 17, 2026; it will not be
published in the printed Official Reports.
Decided on March 11, 2026
City Court of Poughkeepsie, Dutchess County
One Dutchess
Phase 2,
LLC, Petitioner,
against
Victoriano Roman and Yeralkis Gomez,
15 Fins
Lane, Apt.
401E, Poughkeepsie, NY 12601, Respondents.
Index No. LT-1703-25
Trisha Starkey, Esq.
Attorney for the Petitioner
One Dutchess
Phase 2,
LLC
241 Hudson St.
Hackensack, NJ 07601
Allison Dentinger,
Esq.
Hudson Valley Justice Center
Attorney for the Respondent
29 North
Hamilton
Street, Suite 205
Poughkeepsie, NY 12601
Frank M. Mora, J.
Respondent, Yeralkis Gomez, filed a notice of motion, dated December 26, 2025,
seeking to
dismiss the instant summary proceeding on the grounds that Petitioner failed to serve a
proper
predicate Good Cause Eviction notice. Respondent's motion is supported by the
affirmation of
Allie Dentinger, Esq., of the Hudson Valley Justice Center, dated December 26, 2025,
together
with Exhibits A-C. On January 16, 2026, Petitioner filed a notice of cross-motion
seeking leave
to serve and file an amended petition to append and plead the Good Cause Eviction Law
("GCEL") notice nunc pro tunc and leave to amend the petition to include
additional rent
that has accrued since November 2025. Petitioner's cross-motion is supported by the
affirmation
of Trisha Starkey Esq., dated January 16, 2026, together with Exhibits A-B. On January
20,