Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-331962-23/KI
Slip Opinion Number
2024 NY Slip Op 51289(U)
Petitioner
Lindsay Partners LLC
Respondent
Gerard Young et al.
Judge
Basu, Shantonu J.
Decision/Order Date
2024-09-17
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The tenant sought to amend their pro se answer to assert a personal jurisdiction defense. The court granted the motion to amend but disallowed the personal jurisdiction defense, finding it was not properly raised. The court ruled that filing a notice of appearance does not necessarily waive personal jurisdiction defenses if an appropriate answer or motion is filed promptly. However, the tenant's affidavit was deemed insufficiently detailed to overcome the presumption of proper service established by the landlord's process server's affidavit.
Recommended Citation
"Lindsay Partners LLC v. Young" (2024). All Decisions. 1621.
https://ir.lawnet.fordham.edu/housing_court_all/1621
