In Riverside Syndicate, Inc. v Saltzman , the Appellate Term, First Department, examined the consequences of a landlord's failure to timely file affidavits of service for a number of summary holdover proceedings initiated in the New York County Civil Court.
On motion by the tenants, the Civil Court dismissed the landlord's cases because of a single-day delay in getting the papers to the court.
A state law [New York Real Property Actions and Proceedings Law section 735(2)] expressly provides that proof of service of pleadings in a summary proceeding "shall be filed with the court or clerk thereof within three days after" personal delivery to the tenant or after completion of all mailings when service has been otherwise effected. However, the statute is conspicuously silent as to the consequences of a landlord's failure to timely file these papers.
Another state law [CPLR 2004] provides that "the time fixed by any statute, rule or order" may be extended upon a showing of "good cause," which can include an attorney's inadvertent error or "law office failure."
Despite that clear and unambiguous language, the Appellate Term, First Department, reversed the dismissals in the "absence of any discernible prejudice to the tenants." (What happened to the demonstration of "good cause" by the "defaulting" party? Why do the tenants have to show "prejudice," when it is the landlord who has failed to adhere with the requirements of statute?)
Go ahead. Try to 'splain it! We dare you!
For a copy of the Appellate Term's decision, please use this link: Riverside Syndicate, Inc. v Saltzman