QN St. Albans Holdings LLC v. Sands, 2024 NY Slip Op 24252 (2024)

Citation: QN St. Albans Holdings LLC v. Sands, 2024 NY Slip Op 24252 (2024)
Parent Document: QN St. Albans Holdings LLC v. Sands, 2024 NY Slip Op 24252 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-09-26
Original Source: https://www.courtlistener.com/opinion/10126052/qn-st-albans-holdings-llc-v-sands/ ↗

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Although GCEL does not define the word "commence," Civil Court Act (CCA) § 400 provides that an action or proceeding in Civil Court is "commenced by filing a notice of petition and petition . . . " The Appellate Terms in both the First and Second Departments have cited CCA § 400 in concluding that the commencement date of a summary eviction proceeding in housing court, a specialized part within the Civil Court (see CCA § 110), is based on the date of filing (see Sebco Hous. Dev. Fund Co., Inc. v Acosta, 66 Misc 3d 147[A] [App Term, 1st Dept 2020]; Brown v Felton, 58 Misc 3d 161[A] [App Term, 1st Dept 2018]; 92 Bergenbrooklyn, LLC v Cisarano, 50 Misc 3d 21 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015] ["[W]e hold that a summary proceeding is commenced by filing in the Civil Court."]).

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