Case Type
Holdover-Nuisance
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
332348/23
Petitioner
Brighton Realty LLC
Respondent
Berger, Barbara; John Doe; Jane Doe
Judge
Harris, David A.
Decision/Order Date
2025-04-24
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover nuisance case, the tenant moved to dismiss for improper service. The landlord's process server testified to substitute service on a person allegedly residing at the apartment, but the tenant asserted she lived alone and knew no such individual. The court found the process server's testimony not credible, citing his failure to maintain GPS records, logbooks, or adhere to terms of prior consent orders mandating compliance with legal service procedures. The court emphasized that his complete lack of records, inconsistent testimony, and prior disciplinary issues undermined the validity of service. Consequently, the court sustained the traverse and dismissed the proceeding for lack of personal jurisdiction. Practice Note: Courts scrutinize service rigorously, and process servers' failure to maintain statutorily required records or adhere to consent orders can prove fatal to a landlord's case.
Recommended Citation
"Brighton Realty LLC v. Berger" (2025). All Decisions. 1794.
https://ir.lawnet.fordham.edu/housing_court_all/1794
