Landlord Didn't File Affidavit of Service of Petition for Two Years

November 27, 2023

LVT Number: #32973

Landlord sued to evict tenant. Tenant then filed an ERAP application for rental assistance, and the case was stayed by law. Landlord asked the court to vacate the ERAP stay. In response, tenant asked the court to dismiss the case. Tenant claimed that landlord hadn't served the notice of petition and petition, and hadn't filed a timely affidavit of service. The court ruled for tenant. Landlord waited almost two years before filing the affidavit of service of the court papers.

Landlord sued to evict tenant. Tenant then filed an ERAP application for rental assistance, and the case was stayed by law. Landlord asked the court to vacate the ERAP stay. In response, tenant asked the court to dismiss the case. Tenant claimed that landlord hadn't served the notice of petition and petition, and hadn't filed a timely affidavit of service. The court ruled for tenant. Landlord waited almost two years before filing the affidavit of service of the court papers. This supported tenant's claim that he wasn't served with the court papers and wasn't given a timely opportunity to file an answer.

 

 

 

 

 

Majaraj v. Boston: Index No. 305185-2021, NYLJ No. 1698304375 (Civ. Ct. Queens; 8/27/23; Bryan, J)

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