Tenant's Motion to Dismiss Case Was Timely

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's court papers were improperly delivered. Landlord claimed that tenant's motion to dismiss was untimely. It was delivered to landlord one day before the case was scheduled to be in court. Landlord argued that civil procedure law requires a motion to be delivered at least eight days before the court date. The court ruled against landlord. A motion can be made with little or no prior notice, as long as it is presented to the court on the date that landlord's petition is scheduled to be heard.

126 Spruce St. LLC v. Club Central LLC: NYLJ, 2/28/07, p. 20, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)