Case Type

Non-payment

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

CV-008160-24/KI

Slip Opinion Number

2026 NY Slip Op 50071(U)

Petitioner

Irine Corst

Respondent

Isak Mushailov, Levsho Kukuliyeva

Judge

Malik, Rena

Decision/Order Date

2026-01-15

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

A landlord sued former tenants for rent arrears. Tenants defaulted, and a judgment was entered against them. Tenants successfully moved to vacate the default judgment, raising the issue of improper service. The court found that the tenants' objection to personal jurisdiction was preserved. Subsequently, tenants timely moved to dismiss the complaint for lack of personal jurisdiction, arguing that service was attempted at their former address seven months after they had vacated. The court agreed, finding that service was not made in strict compliance with CPLR 308 (2) as the address was not their dwelling place or usual abode. The motion to dismiss was granted, and the complaint was dismissed for lack of personal jurisdiction.

Keywords

AI (Artificial “Intelligence”) Hallucinated Case Law; Personal Jurisdiction Objection Not Waived; Service at the Subject Premises 7 Months After Defendants Surrendered was Improper; Dismissal Granted

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