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FRIEDLANDER v. RAMOS

3 Misc.3d 33 (2004)

779 N.Y.S.2d 327

IMRE FRIEDLANDER, Respondent, v. FLAVIO RAMOS, Appellant.

Supreme Court, Appellate Term, Second Department.

March 31, 2004.

Attorney(s) appearing for the Case

South Brooklyn Legal Services, Inc. (John C. Gray and Edward Josephson of counsel), for appellant.

Stuart I. Jacobs, Brooklyn (Shorab Ibrahim of counsel), for respondent.

ARONIN, J.P. GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order insofar as appealed from unanimously affirmed without costs.

In this holdover summary proceeding, landlord made substituted service upon tenant pursuant to RPAPL 735 (1), but failed to file the notice of petition, petition and proof of service in court within the period mandated by RPAPL 735 (2) where substituted service is made.

We hold that landlord was properly permitted to file proof of service in...

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