Rosenberg v Chervil

[*1] Rosenberg v Chervil 2020 NY Slip Op 51491(U) Decided on December 10, 2020 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 10, 2020
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : THOMAS A. ADAMS, P.J., BRUCE E. TOLBERT, TERRY JANE RUDERMAN, JJ
2018-1058 W C

Andrew Rosenberg, Respondent,

against

Lynda Chervil, Appellant.

Lynda Chervil, appellant pro se. The Pangis Law Firm, PLLC (George M. Pangis of counsel), for respondent.

Appeal from a final judgment of the City Court of White Plains, Westchester County (JoAnn Friia, J.), entered May 11, 2018. The final judgment, upon a summary determination pursuant to CPLR 409, awarded landlord possession and the sum of $18,096.17 in a nonpayment summary proceeding.

ORDERED that the final judgment is affirmed, without costs.

In this nonpayment proceeding, tenant admitted in her answer to having defaulted in paying rent without raising any affirmative defense thereto, but alleged that the notice of petition and petition were not properly served on her. On the return date of the petition, the court awarded landlord possession and the amount of unpaid rent he had requested. Tenant appeals from the final judgment that was subsequently entered.

Service upon "a person of suitable age and discretion" is authorized by RPAPL 735 (1) without any of the preconditions urged by tenant on appeal. Accordingly, tenant has not demonstrated that the final judgment should be reversed based upon a lack of personal jurisdiction. Her other argument on appeal, that the court did not permit her to have a trial, is without merit because, having admitted to defaulting in the payment of rent without raising a defense thereto, tenant has not identified any triable issues of fact (see CPLR 409 [b]; RPAPL 745 [1]).

Accordingly, the final judgment is affirmed.

ADAMS, P.J., TOLBERT and RUDERMAN, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 10, 2020