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Rosenberg v. Chervil

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
Dec 10, 2020
70 Misc. 3d 127 (N.Y. App. Term 2020)

Opinion

2018-1058 W C

12-10-2020

Andrew ROSENBERG, Respondent, v. Lynda CHERVIL, Appellant.

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


Lynda Chervil, appellant pro se.

The Pangis Law Firm, PLLC (George M. Pangis of counsel), for respondent.

PRESENT: THOMAS A. ADAMS, P.J., BRUCE E. TOLBERT, TERRY JANE RUDERMAN, JJ.

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.


Summaries of

Rosenberg v. Chervil

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
Dec 10, 2020
70 Misc. 3d 127 (N.Y. App. Term 2020)
Case details for

Rosenberg v. Chervil

Case Details

Full title:Andrew Rosenberg, Respondent, v. Lynda Chervil, Appellant.

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

Date published: Dec 10, 2020

Citations

70 Misc. 3d 127 (N.Y. App. Term 2020)
2020 N.Y. Slip Op. 51491
134 N.Y.S.3d 614