Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-312106-24/KI
Petitioner
White Living Trust
Respondent
Keith Campbell, Chantal Sanchez & John Doe
Judge
Arrindell, Travis J.
Decision/Order Date
2025-04-17
Posture
Post-answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Handwritten opinion. In this holdover proceeding without stated grounds, the landlord moved to file a late affidavit of service 125 days after the initial appearance. The tenant opposed, invoking Riverside Syndicate, Inc. v. Saltzman, arguing the delay was fatal. The landlord cited Siedlecki v. Doscher, claiming lack of prejudice, but failed to substantiate the claim. The court found the landlord's delay unjustified and prejudicial in light of procedural requirements, especially given the tenant's timely and persuasive opposition. The motion was denied, and the case dismissed. Practice Note: Courts strictly enforce timely service compliance; late affidavits without detailed justification and proof of lack of prejudice will likely result in dismissal.
Recommended Citation
"White Living Trust v. Campbell" (2025). All Decisions. 1804.
https://ir.lawnet.fordham.edu/housing_court_all/1804
