Case Type

Holdover-Other

Housing Type

Not specified

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

L&T-313351-21/BX

Petitioner

1691 Fulton Ave. Assoc., L.P.

Respondent

Shanelle Washington

Judge

ARRINDELL, TRAVIS J.

Decision/Order Date

2024-02-07

Posture

Post-answer Motion by Tenant, Cross-motion by Landlord

Disposition

Motion Granted for Tenant, Motion Denied for Landlord

Winner

Tenant Substantially Won

Synopsis

Tenant successfully amended their answer claiming late service of the petition by the landlord, which the court found constituted prejudice and grounds for dismissal. The court emphasized strict adherence to service timelines and rejected the landlord's attempts to retroactively fix the service date or collect use and occupancy due to adjournments agreed upon by both parties.

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