Service of Nonpayment Petition Didn't Comply with CEEFPA

Landlord sued to evict unregulated co-op apartment tenant for nonpayment of rent. The case was stayed while tenant's application for ERAP rental assistance was pending. Tenant then asked the court to dismiss the case, claiming that the court papers weren't served with due diligence as required by the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA). The court dismissed the case on the grounds that the process server made only two attempts at service and landlord submitted no sworn statement indicating that the process server had reason to believe that a respondent would be home on either occasion. So, service didn't comply with the due diligence standard set forth in CEEFPA.

Sterling Queensboro v. Kaplan: Index No. 301653/21, NYLJ No. 1696551723 (Civ. Ct. Queens; 9/29/23; Nembhard, J)