Late Filing of Proof of Service of Court Papers Minor Error

July 31, 2008

LVT Number: #20607

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case. She claimed that landlord didn't complete delivery of its court petition at least five days before the assigned court date for the case. Landlord pointed out that the papers were delivered to tenant in a timely manner. The only delay was in the filing in court of the affidavit that the papers had been served. The court ruled against tenant. This was a minor error and didn't harm tenant.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case. She claimed that landlord didn't complete delivery of its court petition at least five days before the assigned court date for the case. Landlord pointed out that the papers were delivered to tenant in a timely manner. The only delay was in the filing in court of the affidavit that the papers had been served. The court ruled against tenant. This was a minor error and didn't harm tenant. Since there were no other defects in landlord's court papers, this was no reason to dismiss the case.

Zot Inc. v. Watson: NYLJ, 7/30/08, p. 29, col. 1 (Civ. Ct. Kings; Kraus, J)

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