Case Type
Holdover-Lease Expiration
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
2024-577 Q C
Slip Opinion Number
2025 NY Slip Op 50849(U)
Petitioner
14-16 30th Road, LLC
Respondent
Walid Hassan, "John Doe", "Jane Doe"
Judge
Mundy, Marina Cora; Ottley, Lisa S; Quiñones, Joanne D
Decision/Order Date
2025-05-23
Posture
Pre-answer Motion by Tenant
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
The Appellate Term affirmed the Civil Court's denial of the tenant's pre-answer motion to dismiss a holdover petition. The tenant argued that substituted service on "John and Jane Doe" was untimely. The court held that a personal jurisdiction defense cannot be raised on behalf of another party. Furthermore, the court reiterated that jurisdiction attaches upon delivery and mailing of papers, not solely upon the filing of the affidavit of service. Therefore, untimely filing of the affidavit of service, absent alleged prejudice, is not a jurisdictional defect and can be disregarded under CPLR 2001.
Keywords
Personal Jurisdiction; 735(2)(b); Prejudice
Recommended Citation
"14-16 30th Rd., LLC v. Hassan" (2025). All Decisions. 1967.
https://ir.lawnet.fordham.edu/housing_court_all/1967
