Case Type
Other
Housing Type
Not Stated
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
CV-004343-24/BX
Slip Opinion Number
2026 NY Slip Op 51242(U)
Petitioner
JPMorgan Chase Bank, N.A.
Respondent
Dwight Smith
Judge
Wursthorn, Eric J., J.C.C.
Decision/Order Date
2026-08-10
Posture
Post-Judgment Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this debt collection lawsuit, the defendant defaulted and moved to vacate the judgment and interpose an answer denying proper service. At the traverse hearing, the plaintiff's process server failed to testify credibly about service. Specifically, there was a dispute about whether the door she allegedly affixed the documents to was the door to defendant's apartment, and the description in her affidavit did not match the photograph defendant submitted into evidence. The process server also only attempted service when defendant was at work and failed to bring her logbook or any other paper or electronic records to support her testimony. The court found defendant's testimony credible, sustained the traverse, vacated the default, and dismissed the proceeding.
Keywords
Traverse Sustained; Description of the Door Inaccurate; Three Attempts Made During the Workday
Recommended Citation
"JPMorgan Chase Bank, N.A. v. Smith" (2026). All Decisions. 2403.
https://ir.lawnet.fordham.edu/housing_court_all/2403
