On March 6, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in 1002 Realty Corp. v. Gilgurd, 2026 NY Slip Op. 30835(U), dismissing an ejectment claim for failure to give pre-suit notice, explaining:
Despite the advent of the various statutory remedies available to a landlord beset with a recalcitrant tenant, the common-law principles governing the ejectment action are unchanged, unless explicitly modified by statute, and no provision of RPAPL article 6, under which plaintiff asserts the ejectment cause of action, prescribes a notice period. The notice prescribed by the common law, as stated in relevant precedent, is six months.
Here, it is undisputed that plaintiff commenced this ejectment claim pursuant to RPAPL § 641 rather than through a summary eviction proceeding. Accordingly, the common-law requirement of a six-month predicate notice applies. As it is undisputed that plaintiff did not serve such notice prior to commencing this action, the branch of Gilgurd’s motion seeking dismissal of the third cause of action for ejectment is granted, and such claim is dismissed without prejudice.
(Internal quotations and citations omitted).