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
318870/2024
Slip Opinion Number
2025 NY Slip Op 51099(U)
Petitioner
Dario Garcia
Respondent
Valerie Hardy, DIAMOND GIBSON & JOHN DOE 1-2 AND JANE DOE 1-2
Judge
IBRAHIM, SHORAB
Decision/Order Date
2025-06-30
Posture
Pre-answer Motion by Tenant
Disposition
Other
Winner
Other
Synopsis
In a no-grounds holdover, the tenant moved to dismiss for improper service of the petition and notice of petition. The court found that although the tenant's affidavit raised an issue regarding a lack of first-class mailing that could have warranted a hearing, she waived her personal jurisdiction defense by asserting an unrelated counterclaim for harassment. The court reasoned that since a harassment claim is not a defense to either a possessory or monetary judgment, it is unrelated to the landlord's claims. However, the court did order a hearing on the separate issue of whether the predicate notice of termination was properly served, as the tenant's specific sworn denials rebutted the process server's affidavit.
Keywords
Personal jurisdiction/improper service of pleadings; Personal jurisdiction defense waived by interposing unrelated harassment counterclaim; Hearing ordered on service of predicate notice of termination
Recommended Citation
"Garcia v Hardy" (2025). All Decisions. 1909.
https://ir.lawnet.fordham.edu/housing_court_all/1909
