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/ ↗

Full Text

1,049 chars

In contrast to the matter of vitiation, commencement of an eviction proceeding for purposes of GCEL coverage is a matter of claim viability that does not hinge on a mutual understanding between the parties. More analogous are appellate holding addressing when an action or proceeding is commenced in Civil Court for purposes of the statute of limitations (see CPLR 203(a)), which have relied upon CCA § 400 in basing commencement on filing rather service (see Jamaica Dedicated Med. Care, P.C. v USAA Cas. Ins. Co., 64 Misc 3d 138 [A] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]; EBM Med. Health Care, P.C. v Amica Mut. Insc. Co., 32 Misc 3d 144[A] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011]; Diamond Chiropractic, P.C. v Utica Mut. Insc. Co., 16 Misc 3d 134[A] [App Term, 2d & 11th Jud Dists 2007]). Even though the respondent in such cases may lack notice of the claim at the time it is filed, and they may even presume the statute of limitations has run, the claim remains commenced and preserved upon filing rather than service.

Other Sections in This Document (16)

Full Text