Tenant Not Prejudiced by Late Filed Affidavit of Service

November 1, 2004

LVT Number: 17679

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeldt, PC, attorneys for the landlord.) Landlord sued to evict licensee of tenant's apartment. Landlord delivered court papers to tenant on July 17, 2004, by leaving them at the apartment after finding no one home on two attempts. Landlord completed delivery of the court papers by mailing tenant a copy on July 19, 2004, the next business day. Landlord filed the affidavit of service of the court papers on July 23, 2004. The first court date was July 26.

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeldt, PC, attorneys for the landlord.) Landlord sued to evict licensee of tenant's apartment. Landlord delivered court papers to tenant on July 17, 2004, by leaving them at the apartment after finding no one home on two attempts. Landlord completed delivery of the court papers by mailing tenant a copy on July 19, 2004, the next business day. Landlord filed the affidavit of service of the court papers on July 23, 2004. The first court date was July 26. Tenant asked the court to dismiss the case, claiming that landlord violated the law by filing the papers late. The court ruled against tenant. RPAPL Section 733(1) required landlord to file the affidavit of service within three days of mailing the court papers to tenant, not four days. But the late filing didn't prejudice tenant.

K.N.W. Assocs. v. Parish: NYLJ, 10/6/04, p. 19, col. 1 (Civ. Ct. Kings; Martino, J)

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