Case Type
Other
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-322731-24/KI
Petitioner
Nigora Ruzieva
Respondent
Mukhammed E ldrisov, Aset Khusainova
Judge
Bacdayan, Karen May
Decision/Order Date
2025-05-20
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, the tenant's oral motion to dismiss was granted due to the landlord's failure to properly complete service. The court found prejudice to the tenant as the affidavit of service was filed ten months after commencement, making service incomplete under RPAPL § 735(2)(b). Furthermore, the landlord failed to comply with RPAPL § 733(1) regarding the timeframe for service completion relative to the hearing date. Citing First and Second Department appellate authority, the court applied a strict compliance standard for service requirements, dismissing the petition without prejudice due to these jurisdictional defects.
Keywords
RPAPL § 735(2)(b); Prejudice Found; "Compound Issue" with RPAPL § 733(1)
Recommended Citation
"Ruzieva v. ldrisov" (2025). All Decisions. 1955.
https://ir.lawnet.fordham.edu/housing_court_all/1955
