14-16 30th Rd., LLC v. Hassan

Synopsis

This opinion affirms the Civil Court's order in a holdover proceeding concerning a rent-stabilized tenancy. The landlord commenced the action during the COVID-19 pandemic, leading to a delay in assigning a return date, consistent with CCM-210. The tenant cross-moved to dismiss, arguing improper service under RPAPL 733(1) because the petition was served years before a return date was set. The Appellate Term affirmed the Civil Court's decision, which allowed the landlord to re-serve an amended notice of petition with a new return date. The court emphasized that this solution was "reasonably calculated...to apprise" the tenant, acknowledging the procedural difficulties caused by pandemic-era directives.