Case Type
Holdover-Lease Expiration
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-319152-23/QU
Petitioner
MD Alamgir Hossain
Respondent
Amanda Cherry, SMITH BEAULIERE, "John" "Doe", "Jane" "Doe"
Judge
Sanchez, Enedina Pilar
Decision/Order Date
2024-10-04
Posture
Post-judgment Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this post-eviction proceeding, the court granted the tenant's motion to vacate a default judgment of possession due to improper service. The landlord's process server served papers to a 13-year-old, which was deemed inadequate under CPLR 308, as proper service requires delivery to a person of suitable age and discretion, defined as at least 16 years old. The court found the service was rushed and did not meet the statutory requirements, thus restoring the tenant to possession.
Recommended Citation
"Hossain v. Cherry" (2024). All Decisions. 1643.
https://ir.lawnet.fordham.edu/housing_court_all/1643
