Rye City Court Had No Jurisdiction Over Out-Of-State Landlord

April 23, 2021

LVT Number: #31344

Former tenant sued landlord in small claims court in Rye, N.Y., for return of his security deposit. The court dismissed the case, finding that it had no jurisdiction over landlord or tenant. Landlord lived in Georgia, not in Westchester County, where the Rye City Court was located. So the court had no power to issue process to landlord even if City Court had subject matter jurisdiction because the building where tenant had lived was in Rye. The court rejected tenant's claim that the court had jurisdiction under CPLR 302(a).

Former tenant sued landlord in small claims court in Rye, N.Y., for return of his security deposit. The court dismissed the case, finding that it had no jurisdiction over landlord or tenant. Landlord lived in Georgia, not in Westchester County, where the Rye City Court was located. So the court had no power to issue process to landlord even if City Court had subject matter jurisdiction because the building where tenant had lived was in Rye. The court rejected tenant's claim that the court had jurisdiction under CPLR 302(a). The Unified City Court Act's limitations on small claims jurisdiction prevented City Court from acting in this case. 

Reeves v. Pesaru: Index No. SC210-76, 2021 NY Slip Op 30641(U)(City Ct. Rye; 3/8/21; Latwin, J)

Topics

More like this