Case Type
Holdover-Lease Expiration
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-000255-26/QU
Petitioner
SEYDOU NARA SARR
Respondent
AHMED DEMBELE
Judge
Guthrie, Clinton J.
Decision/Order Date
2026-05-26
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The Civil Court dismissed this no-grounds holdover proceeding on service defects. Proof of service was not filed until May 7, 2026 — nearly three months after service was allegedly completed on February 11, 2026 — causing prejudice to the tenant who had to move to compel filing. Applying a prejudice-based standard from Siedlecki v Doscher and Saltzman, the court dismissed under RPAPL §§ 735(2)(b) and 733(1). The court also found the late-filed affidavit of service fatally defective for failing to describe conspicuous place service or identify which papers were served.
Keywords
No Grounds Holdover; RPAPL § 735(2)(b); RPAPL § 733(1); Failure To File Proof Of Service Of Pleadings Timely; Strict Compliance v Prejudice-Based Standard; Saltzman v Siedlecki; Affidavit Of Service Fatally Defective On Its Face Warrants Dismissal
Recommended Citation
"Seydou Nara Sarr v. Dembele" (2026). All Decisions. 2232.
https://ir.lawnet.fordham.edu/housing_court_all/2232
