Civil Court of the City of New York

Kings County (Brooklyn)

LT-329905-25/KI

2026 NY Slip Op 26113

Fifty Nine Realty LLC

Shia Gottesman

2026-07-20

Pre-Answer Motion by Tenant

Case Dismissed/discontinued

Tenant Substantially Won

The court dismissed this nonpayment petition because the landlord LLC failed to comply with the publication requirements of Limited Liability Company Law § 206 at the time the proceeding was commenced. The landlord had published notice of its articles of organization for only 5 consecutive weeks rather than the 6 required by statute. The court rejected the landlord's argument that this noncompliance is curable nunc pro tunc, relying on controlling Appellate Division authority.

Petition Dismissed for Failure to Comply with Limited Liability Company Law Procedures; Landlord was Not in Compliance with LLC Law As of Date Proceeding was Commenced; Compliance with LLC Law Not Curable Nunc Pro Tunc

"Fifty Nine Realty LLC v. Gottesman" (2026). All Decisions. 2351.
https://ir.lawnet.fordham.edu/housing_court_all/2351