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/10125945/qn-st-albans-holdings-llc-v-sands/ ↗

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Respondent now moves for summary judgment based on Petitioner's failure to plead [*2]whether the premises are subject to GCEL, and the lack of an articulated Good Cause basis for removal under the statute insofar as Respondent asserts that the unit is a covered dwelling. Respondent argues that for purposes of determining the commencement date of a summary proceeding under GCEL, the court should look to the service of the initiating papers rather than the filing date. In support of this position, Respondent cites to the Appellate Term's decision in 92 Bergenbrooklyn, LLC v Cisarano, which held that the commencement in a summary proceeding "depend[s] on the context in which the question arises" and noted in dicta that the common law rule that a summary proceeding may only be commenced against a party remaining in possession should be dictated by the date of service rather than filing, since that is when personal jurisdiction is acquired (50 Misc 3d 21, 24-25 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]).

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