Civil Court of the City of New York

New York County (Manhattan)

LT-002071-25/NY

2026-07-16

Post-Answer Motion by Landlord

Case Dismissed/discontinued

Tenant Substantially Won

In this holdover proceeding, tenant moved (motion sequence 3) to dismiss for failure to comply with the service requirements of RPAPL §735 under Saltzman v. Chernoff. The notice of petition and petition were dated December 31, 2025. The affidavit of service showed service was not made until January 30, 2026—ten days after the first court appearance on January 20, 2026. The court held that service made after the first court appearance violates RPAPL §735, which requires service to be made sufficiently in advance of the return date, and dismissed the petition without prejudice.

Failure to Comply with Filing Requirements; RPAPL § 735; Saltzman

"Yun Hoe Wong v. Wong" (2026). All Decisions. 2341.
https://ir.lawnet.fordham.edu/housing_court_all/2341