Eviction Case Dismissed Due to Unfiled Notice of Petition

August 8, 2012

LVT Number: #24242

Landlord sued to evict tenant for damaging his apartment and creating a nuisance. During trial, the court discovered that there was no notice of petition or affidavit of service in the file. Tenant had claimed in her answer that landlord didn't make sufficient attempts to personally deliver the petition. Although tenant had waived traverse, the court found that since there was no notice of petition or affidavit of service in its file or proof that they were filed within three days of completion of service, the case must be dismissed for lack of jurisdiction.

Landlord sued to evict tenant for damaging his apartment and creating a nuisance. During trial, the court discovered that there was no notice of petition or affidavit of service in the file. Tenant had claimed in her answer that landlord didn't make sufficient attempts to personally deliver the petition. Although tenant had waived traverse, the court found that since there was no notice of petition or affidavit of service in its file or proof that they were filed within three days of completion of service, the case must be dismissed for lack of jurisdiction. Requirements of the Real Property Actions and Proceedings Law weren't met.

Alwall Construction v. Brown: Index No. 66058/12, NYLJ No. 1202563165338 (Civ. Ct. Queens; 6/15/12; Badillo, J)

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