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-305708-21/QU
Petitioner
Kong Min Wong
Respondent
Patrick Carvajal, "John" "Doe"; "Jane" "Doe"
Judge
Sanchez, Enedina P
Decision/Order Date
2024-12-23
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding for lease expiration, the tenant moved to dismiss based on the landlord's failure to timely file the affidavit of service and improper service of the petition and notice of petition. The court initially denied the motion, finding the landlord's late filing of the affidavit of service was not prejudicial and that the landlord could not have served the documents timely due to court delays. On reargument, the court granted the tenant's motion to dismiss, finding that the landlord failed to serve the petition and notice of petition within the statutory time frame required by RPAPL §733(1), despite the court delays.
Recommended Citation
"Kong Min Wong v. Carvajal" (2024). All Decisions. 1724.
https://ir.lawnet.fordham.edu/housing_court_all/1724
