In Kent Equities Corp. v. Paez , the New York County Civil Court dismissed a holdover case due to the landlord's non-compliance with a law -- New York City Rent and Eviction Regulations § 2204.3 -- which requires landlords to file copies of certain notices served on rent-controlled tenants with the New York State Division of Housing and Community Renewal within a 48-hour timeframe.
On appeal, the Appellate Term, First Department, affirmed the dismissal and characterized that technical violation as "fatal to landlord's right to maintain the holdover proceeding."
So you see, missteps and omissions can still trigger the demise of a summary proceeding.
In this particular instance, the landlord's error brought Paez peace.
To download a copy of the Appellate Term's decision, please use this link: Kent Equities Corp. v. Paez