Case Type

Holdover-Nuisance

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

L&T / Index / Case / Docket / Clerk's Number

LT 320271/23

Petitioner

AZ Dyre Ave Realty Corp.

Respondent

Charmaine Wright, Deishadel Bell

Judge

Breier, Miriam

Decision/Order Date

2024-01-09

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this Bronx housing court case, the landlord's summary holdover proceeding against the tenant was dismissed due to numerous procedural errors. The landlord failed to file the affidavit of service within the required 3 days after service, instead resorting to the unauthorized EDDS system and neglecting to file on NYSCEF as mandated. Additionally, service through the building's mail slot was deemed improper. These missteps constituted a lack of personal jurisdiction and non-compliance with statutory requirements, resulting in the dismissal without prejudice. The landlord's cross-motion for use and occupancy and nunc pro tunc relief were also denied.Key legal points:Strict adherence to statutory procedures governing summary holdover proceedings is critical for establishing jurisdiction.Filing the affidavit of service within 3 days after service on NYSCEF is mandatory.Service through a building's mail slot may not be sufficient.Failure to comply with these requirements can lead to dismissal of the case.

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