Case Type
Holdover-Illegal Lockout
Holdover Type
Rent Stabilized
Court
Supreme Court of the State of New York
County
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
161029/2020
Slip Opinion Number
2023 NY Slip Op 33630(U)
Petitioner
GARIBOGLU, TOLGA
Respondent
1505 THIRD AVENUE LLC, GERMAN NEWS, INC.
Judge
Chan, Margaret A.
Decision/Order Date
2023-10-12
Posture
Pre-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The tenant sued the landlord and lessee seeking a declaration that the apartment is rent-stabilized and that the tenant is entitled to re-occupy it after being displaced due to a fire. The landlord and lessee moved to dismiss for lack of personal jurisdiction, arguing the tenant failed to properly serve them within 120 days. The tenant argued the landlord and lessee waived the defense by participating in the litigation. The court rejected the waiver argument, finding the landlord and lessee's limited participation was not sufficiently substantive to constitute waiver. The court granted the landlord and lessee's motions to dismiss for lack of personal jurisdiction due to the tenant's failure to properly serve within the required timeframe.
Recommended Citation
"Gariboglu v. 1505 Third Ave. LLC" (2023). All Decisions. 1459.
https://ir.lawnet.fordham.edu/housing_court_all/1459
