Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
316377/202
Slip Opinion Number
2025 NY Slip Op 51604(U)
Petitioner
Ceylon Leasing; LP
Respondent
Lisselotte Ventura; ARIANI GUZMAN ALEJO; JOHN DOE AND JANE DOE
Judge
Ibrahim; Shorab
Decision/Order Date
2025-10-08
Posture
Post-judgment Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding; the court held a traverse hearing after the tenant moved to vacate a default judgment. Both the process server and the tenant were deemed credible. However; the court found the landlord failed to prove proper in-hand service of process by a preponderance of the evidence; citing a significant discrepancy between the tenant's physical appearance and the description in the affidavit of service; which aligned more closely with the tenant's mother. As the landlord did not move to amend the service type; the court could not sua sponte deem it substitute service. Consequently; personal jurisdiction over the tenant was lacking; leading to the motion being granted and the petition dismissed.
Keywords
Personal Jurisdiction; Service of Process; Traverse Sustained; Default Judgment Vacated and Petition Dismissed
Recommended Citation
"Ceylon Leasing; LP v. Ventura" (2025). All Decisions. 2003.
https://ir.lawnet.fordham.edu/housing_court_all/2003
