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-301374-25/BX
Petitioner
DAMIR REALTY CORP
Respondent
JIMMY HERNANDEZ; JANE DOE; JOHN DOE
Judge
Danescu, Madalina
Decision/Order Date
2026-04-06
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Court granted respondent's cross-motion to dismiss for failure to comply with RPAPL § 735(2), which requires proof of service to be filed within three days of service, and denied petitioner's motion to deem the affidavits timely filed under CPLR § 2001. Applying the First Department's strict compliance standard from Riverside Syndicate v Saltzman, the court held that because service was by conspicuous place delivery rather than personal delivery, service was not complete until proof was filed, rendering the defect jurisdictional and not curable by CPLR § 2001.
Keywords
RPAPL § 735(2); Proof Of Service Not Filed; Strict Compliance Standard; First Department; Conspicuous Place Service; Jurisdictional Defect; CPLR § 2001; Saltzman; Siedlecki v Doscher; Department Split
Recommended Citation
"Damir Realty Corp v. Hernandez" (2026). All Decisions. 2259.
https://ir.lawnet.fordham.edu/housing_court_all/2259
