Tenant Can Add Defense That Landlord's Filing of Affidavit of Service of Petition Was Untimely

Landlord sued to evict tenant. Tenant filed an ERAP application before the first scheduled court date, which resulted in a stay of the proceeding until there was a final ruling on tenant's ERAP application. Tenant later asked the court for permission to amend her answer to the petition to add a jurisdictional defense based on landlord's late filing of an affidavit of service. The court ruled for tenant and denied landlord's cross motion asking the court to overlook its late filing based on prejudice that would result at this point from permitting amendment of tenant's answer. The court also denied landlord's request for use and occupancy while the case was pending, finding that it was premature.

1691 Fulton Avenue Associates LP v. Washington: Index No. 313351/2021, 2024 NY Slip Op 30411, NYLJ 2/14/24, p. 17, col. 1 (Civ. Ct. Bronx; 2/7/24; Arrindell, J)