Eviction Proceeding Dismissed Where Proof of Service Not Timely Filed

Landlord sued to evict tenant and served its notice of petition and petition in compliance with RPAPL Section 735. Three days later, landlord filed proof of service of the petition. This was nine days before the initial court date. Tenant asked the court to dismiss the case. Among other things, tenant said that landlord failed to file proof of service at least 10 days before the first court appearance, which was required by RPAPL Section 733. Landlord argued that it had three days after service to file proof of service and that General Construction Law Section 25-a allowed for proof of service to be completed on the next business day. Landlord also said it shouldn't be penalized for short filing because tenant wasn't prejudiced by it. The court ruled against landlord and dismissed the case. Compliance with RPAPL Section 733 was a jurisdictional matter, and it didn't matter whether tenant was prejudiced. Landlord electronically filed proof of service and could have filed the next day or over the weekend in compliance with the statute.

208 W 20th St. LLC v. Blanchard: Index No. 304876/22, 2022 NY Slip Op 22226, NYLJ No. 1659443104 (Civ. Ct. NY; 7/22/22; Bacdayan, J)