In the instant proceeding it is evident that the subject-Petition was commenced pursuant to RPAPL § 741, and as such, the GCEL Notice was required to be served. It is further evident that from the statutory text, the case law and the language of the GCEL Notice itself, that it was intended to apply to nuisance holdover proceedings such as the instant one.
As such, Petitioner's failure to serve a GCEL Notice with the Notice to Cure and Notice of Termination and Petition requires dismissal. The petition is thus dismissed.
The Court does not address the balance of Respondent's Motion or Petitioner's OSC.
CONCLUSION
Motion Seq # 1 is GRANTED, and the proceeding is dismissed.
Dated: August 12, 2026
Bronx, New York
Hon. Alberto Gonzalez
Footer
Court Decisions
All Court Decisions
Official Reports Service
Bound Volumes
Decision Search 🔍
Resources
RSS Feeds
Style Manual
Citation Tools
Opinion Formatting & Privacy Guidelines
Opinion Selection Criteria
Legal Research Portal
Site Index
About
About the Law Reporting Bureau
About our Operations
Contact Us
Twitter
Quick Contact Info
17 Lodge Street
Albany, NY 12207
Phone: (518) 453-6900
End Footer
Links to or from other sites do not signify endorsement or relationship with them.
var adblock = true;
// This file will allow us to check if adblock is present. If adblock is present, this file will be blocked and adblock will be "true" and our banner will appear.
if (adblock === true) {
var ab = document.getElementById("ab");
ab.style.display = "block";
}