Landlord Didn't Show Due Diligence in Serving Holdover Petition
LVT Number: #32298
Landlord sued to evict tenant in October 2021 while the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) was in effect. Tenant initially filed a Hardship Declaration and, when CEEFPA expired, filed an ERAP application. The court granted landlord's request to vacate the ERAP stay. Tenant then asked the court to dismiss the case under CPLR 3211(a), claiming that landlord failed to comply with the due diligence standard required by CEEFPA in connection with service of court papers. Landlord noted that its process server attempted service at tenant's apartment on Monday, Nov. 22, 2021, at 2:03 p.m.; on Tuesday, Nov. 23, at 6:39 p.m.; and on Wednesday, Nov. 24 at 9:49 a.m. The court ruled for tenant, finding that landlord failed to show due diligence because there was no proof of any genuine inquiry to ascertain the best time to serve tenant.
1785 Broadway Realty Corp. v. Charles: Index No. 309793/21, 2022 NY Slip Op 33181(U), NYLJ No. 1663073254 (Civ. Ct. Kings; 8/26/22, Slade, J)