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-305764-24/BX

Petitioner

ELLIOT PLACE ESATES LLC

Respondent

ADA WILLIAMS

Judge

Lach, Krzysztof

Decision/Order Date

2026-04-29

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The court sustained the tenant's traverse, dismissing the landlord's nonpayment/holdover proceeding without prejudice due to improper service of process. At the traverse hearing, the landlord's process server failed to provide mandated GPS records, and landlord's counsel refused to introduce them. The court found this omission, coupled with the process server's problematic history and a prior consent order requiring such data, fatally undermined his credibility. The landlord failed to establish proper service by a preponderance of the evidence, precluding the court from obtaining personal jurisdiction over the tenant.

Keywords

Personal Jurisdiction; Proceeding Dismissed After Traverse Hearing; 6 RCNY § 2-233b[a][1][I] – Failure To Submit GPS Records Not Always Fatal

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