Case Type
Holdover-Lease Expiration
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-322355-24/KI
Petitioner
PEDRO VALENTINE
Respondent
ABDULLAH ALGHAZALI ET AL.
Judge
Weisberg, Michael, L.
Decision/Order Date
2025-07-30
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
A landlord's holdover petition was dismissed after the tenant's pre-answer motion for summary judgment was granted. The court found that the process server's affidavit of service demonstrated a failure to make a **reasonable application** to personally serve the tenant before resorting to conspicuous place service. The process server's affidavit alleged that he served the tenant's downstairs neighbor one minute before serving the tenant. The court held that, as a matter of law, waiting less than one minute between attempts at service did not constitute a reasonable application and therefore rendered service defective.
Keywords
Insufficient Attempt at Service; 1 Minute is Inadequate as a Matter of Law
Recommended Citation
"VALENTINE v. ALGHAZALI" (2025). All Decisions. 1872.
https://ir.lawnet.fordham.edu/housing_court_all/1872
