Tenant Didn't Raise Improper Service Defense on Time

September 30, 2003

LVT Number: 16892

Landlord sued to evict apartment occupant after tenant died. Occupant claimed in answer to landlord's petition that court papers weren't properly delivered. Later, occupant asked the court to dismiss the case based on the improper service claim. The court ruled against occupant. By law, a request to dismiss a case for improper service must be made within 60 days after raising that defense in answer to a petition. Tenant waived this defense by not requesting dismissal within 60 days of her answer.

Landlord sued to evict apartment occupant after tenant died. Occupant claimed in answer to landlord's petition that court papers weren't properly delivered. Later, occupant asked the court to dismiss the case based on the improper service claim. The court ruled against occupant. By law, a request to dismiss a case for improper service must be made within 60 days after raising that defense in answer to a petition. Tenant waived this defense by not requesting dismissal within 60 days of her answer.

Riverton Assocs. v. Harvey: NYLJ, 9/24/03, p. 18, col. 2 (Civ. Ct. NY; Acosta, J)

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