RIVERSIDE SYNDICATE, INC. v. SALTZMAN


49 A.D.3d 402 (2008)

852 N.Y.S.2d 840

RIVERSIDE SYNDICATE, INC., Respondent, v. ERIC SALTZMAN, Also Known as ERIC F. SALTZMAN, et al., Appellants, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 18, 2008.


Landlord failed to "complete" service of the notice of petitions and petitions by filing proof of service (RPAPL 735 [2] [b]) at least five days prior to the date the petitions were noticed to be heard (see RPAPL 733 [1]). A summary proceeding is a special proceeding "governed entirely by statute ... and it is well established that there must be strict compliance with the statutory requirements to give the court jurisdiction...

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