LANDLORD WAS A BIT LATE TO THE PARTY
When a landlord starts a summary proceeding, state law [RPAPL 735(2)] requires that the pertinent pleadings and affidavit of service be filed within three days after personal delivery or (when substituted or conspicuous-place service is utilized) after any mailings are made to the tenant.
In 125 E. 50th St. v. Credo Intl. Inc., a commercial non-payment proceeding, when the landlord failed to timely file the required paperwork, it asked the New York County Civil Court for leave to late file same, and that request was denied. In its decision, the Civil Court judge noted her view that the grant of such relief was inappropriate when the tenant has failed to appear.
On appeal, the Appellate Term, First Department, agreed with the denial, concluding, as follows:
“Landlord's failure to timely file proof of service of the notice of petition and petition … deprived the court of jurisdiction …. In the circumstances, Civil Court properly denied landlord's motion for an order deeming the affidavit of service timely filed nunc pro tunc.”
A little too late ... was much too late here.
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DECISIONS
125 E. 50th St. v Credo Intl. Inc. ~ Civil Court Decision & Order
125 E. 50th St. v Credo Intl. Inc. ~ Appellate Term, 1st Dept