Holdover-Lease Expiration

Civil Court of the City of New York

Queens County (Queens)

LT-311032-24/QU

2026 NY Slip Op 32127(U)

Abraham Herrera; Carmela Herrera

2026-07-02

Post-Trial Motion by Landlord

Case Dismissed/discontinued

Tenant Substantially Won

After trial in this GCEL no-grounds/nonrenewal holdover, the court denied the landlord's post-trial motion to conform the pleadings to proof to claim the small landlord exemption under RPL § 214(1) and dismissed the petition. Although the evidence at trial's end tended to show the landlord owned fewer than 10 units, the court declined to overlook the landlord's lack of candor and inconsistent representations throughout the proceeding regarding her ownership interests in New York State residential units.

GCEL; Small Landlord Exemption; After Trial Petition Dismissed Because Evidence & Testimony Contradicted the Allegations Contained in the Petition and Amended Petition Regarding Landlord's Direct or Beneficial Ownership Interests in Other Residential Units in New York State; Landlord Not Permitted to Conform Pleadings to Proof Post-Trial to Claim Small Landlord Exemption

"Condos v. Herrera" (2026). All Decisions. 2359.
https://ir.lawnet.fordham.edu/housing_court_all/2359