Landlord Filed Affidavit of Service of Petition Late

Landlord sued to evict tenant after terminating her month-to-month tenancy. Tenant applied for ERAP assistance and the case was stayed automatically pending a decision on the application by the NY Office of Temporary and Disability Assistance (OTDA). Landlord asked the court to vacate the ERAP stay. In reasponse, tenant asked the court to dismiss the case based on improper service of the petition. The court ruled for tenant. Landlord didn't comply with either RPAPL Section 735(2) or RPAPL Section 733(f) concerning the affidavit of service of the petition. Landlord filed the affidavit of service almost one month late. At the time the petition was filed, all executive orders that had tolled filing deadlines applicable to litigation in New York court were no longer in effect. The court dismissed the case.

McManus v. Condren: Index No. 304855/21, 2022 NY Slip Op 51057(U)(Civ. Ct. NY; 10/27/22; Bacdayan, J)