Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-317895-25/BX
Petitioner
730 GC REALTY CORP
Respondent
Dinora Beltre, “JOHN DOE,” “JANE DOE,” Gerald Flores
Judge
Gurung, Rina
Decision/Order Date
2025-12-03
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The landlord initiated a nonpayment proceeding against the tenants. Respondent-tenant Gerald Flores, after answering, moved to dismiss the case. The Civil Court granted the motion and dismissed the proceeding without prejudice, finding the landlord failed to file an affidavit of service for the notice of petition and petition. Citing appellate precedent, the court held that the failure to timely file proof of service constitutes a jurisdictional defect, preventing the landlord from establishing personal jurisdiction over the tenants and mandating dismissal under RPAPL § 733(1).
Keywords
Failure to File Affidavit of Service is Fatal; Failure to File Timely is Fatal; Saltzman’s Strict Compliance Standard RPAPL § 735(2)(b) Followed
Recommended Citation
"730 GC REALTY CORP v. Beltre" (2025). All Decisions. 2040.
https://ir.lawnet.fordham.edu/housing_court_all/2040
