Case Type
Holdover
Housing Type
Not Stated
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-330673-25/KI
Petitioner
East 29 Buyers 123, LLC
Respondent
Dalean Philip
Judge
Weisberg, Michael L.
Decision/Order Date
2026-07-06
Posture
Pre-Answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, the petition was dismissed for lack of personal jurisdiction. Landlord resorted to conspicuous place service notwithstanding that it was undisputed — and known to landlord prior to commencement — that tenant lacked a key to her mailbox, rendering such service constitutionally deficient. Personal jurisdiction was not waived: tenant's attorney filed a notice of appearance before the second court appearance and moved to dismiss approximately one month thereafter, which the court found sufficiently expeditious to preserve the defense.
Keywords
Proceeding Dismissed Because Service Defective As A Matter Of Law; Personal Jurisdiction; Cannot Resort To Conspicuous Service Where It Is Undisputed That Respondent Does Not Have Access To Mailbox; Personal Jurisdiction Not Waived By Filing Of Notice Of Appearance Where Motion To Dismiss Was Expeditiously Made Thereafter
Recommended Citation
"East 29 Buyers 123, LLC v. Philip" (2026). All Decisions. 2322.
https://ir.lawnet.fordham.edu/housing_court_all/2322
