Case Type
Holdover-Other
Housing Type
Not Stated
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-002071-25/NY
Petitioner
Yun Hoe Wong
Respondent
May Lan Wong
Judge
Ofshtein, Eleanora
Decision/Order Date
2026-07-16
Posture
Post-Answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, tenant moved (motion sequence 3) to dismiss for failure to comply with the service requirements of RPAPL §735 under Saltzman v. Chernoff. The notice of petition and petition were dated December 31, 2025. The affidavit of service showed service was not made until January 30, 2026—ten days after the first court appearance on January 20, 2026. The court held that service made after the first court appearance violates RPAPL §735, which requires service to be made sufficiently in advance of the return date, and dismissed the petition without prejudice.
Keywords
Failure to Comply with Filing Requirements; RPAPL § 735; Saltzman
Recommended Citation
"Yun Hoe Wong v. Wong" (2026). All Decisions. 2341.
https://ir.lawnet.fordham.edu/housing_court_all/2341
