Papers Not Filed in Court on Time
LVT Number: 12128
Landlord sued to evict tenant. Tenant asked the court to dismiss the case because landlord's papers weren't filed on time. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and dismissed the case. Landlord didn't file the notice of petition, petition, and proof of service in court at least five days before the return date for court appearance. This required a dismissal.
Blasi v. Miller: NYLJ, p. 29, col. 6 (1/12/98) (App. T. 2 Dept.; DiPaola, PJ, Collins, JP, Ingrassia, JJ)