Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
CIVIL COURT OF THE CITY OF NEW YORK
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 310346/24
Slip Opinion Number
2024 NY Slip Op 51781(U)
Petitioner
Ahmed A. Hakim
Respondent
Hasna Ahmed, MOHAMMED MANNAN, IFTEKHAR AHMED, MASHFIQUE AHMED, HALIMA JESI
Judge
Guthrie, Clinton J.
Decision/Order Date
2024-12-13
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In this no-grounds holdover proceeding, the tenant moved to dismiss the petition on grounds of improper service and the omission of a necessary party. The court denied the motion. Regarding service, the court held that while the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) had temporarily heightened service requirements, those requirements no longer applied. The court found that the landlord's service of process complied with RPAPL § 735, which governs service in summary eviction proceedings. The court also found that the tenant's arguments regarding the omission of a necessary party were insufficient to warrant dismissal at this stage.
Recommended Citation
"Hakim v. Ahmed" (2024). All Decisions. 1735.
https://ir.lawnet.fordham.edu/housing_court_all/1735
