Eviction Case Dismissed Due to Untimely Completion of Service

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case on procedural grounds. Tenant argued that landlord’s filing of its court petition was completed two days before the initial court date and that the papers were improperly served. Landlord claimed that there was no harm to tenant. But Real Property Actions and Proceedings Law (RPAPL) Section 733 required that an eviction petition be served between five and 12 days before the first court date. And RPAPL Section 735(2) required that the petition and proof of service be filed with the court within three days after mailings to the tenant when service was made by "nail and mail" delivery. In this case, only two days were allowed between completion of service of the papers and the scheduled court date. Since landlord failed to complete service of the petition at least five days before the initial court date, the law required that the case be dismissed.

1215 Realty LLC v. Khan: Index No. 62292/2015, NYLJ No. 1202775507101 (Civ. Ct. Bronx; 12/8/16; Asforis, J)