Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-305764-24/BX
Petitioner
ELLIOT PLACE ESTATES LLC
Respondent
ADA WILLIAMS
Judge
Lach, Krzysztof
Decision/Order Date
2026-01-13
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
A landlord commenced a nonpayment proceeding, resulting in a default judgment against the rent-stabilized tenant. The tenant moved to vacate the default judgment, asserting a lack of personal jurisdiction due to improper service and seeking leave to serve a late answer. The court granted the tenant's motion solely to the extent of scheduling a traverse hearing. It determined that the tenant's detailed factual affirmation challenging the purported service constituted a credible counter-narrative, sufficiently rebutting the presumption of proper service established by an affidavit of service and thus warranting a hearing to resolve the jurisdictional question.
Keywords
Personal Jurisdiction; Process Server’s Affidavit is Prima Facie Evidence of Proper Service; Sworn Denial of Service With Sufficient Detail Rebuts Affidavit; Traverse Hearing Warranted
Recommended Citation
"ELLIOT PLACE ESTATES LLC v. Williams" (2026). All Decisions. 2066.
https://ir.lawnet.fordham.edu/housing_court_all/2066
