342 E. 67 REALTY LLC v. JACOBS

9444, 570756/11.

106 A.D.3d 610 (2013)

966 N.Y.S.2d 46

2013 NY Slip Op 3760

342 E. 67 REALTY LLC, Respondent, v. BERNARD JACOBS, Appellant.

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

Decided May 23, 2013.


The Civil Court granted tenant's motion to vacate the default judgment entered in landlord's nonpayment proceeding on the ground that landlord's affidavit showed that its attempt to effectuate service of the notice and petition did not comply with RPAPL 735(1) and, therefore, personal jurisdiction was never obtained over tenant. The Appellate Term reversed to deny the motion and reinstate...

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