Legal Question in Landlord & Tenant Law in New York

hi

i just had a question if you could provide any feedback, that would be

great. i was coming out of landlord tenant court yesterday, and walked

into the lobby from the inside of the court rm, and here comes a

process server, handing me another new notice of petition and

petition. (the landlord's attorney had withdrew from the case just a

few seconds ago). may i ask you, is this permitted, i had thought it

was not the proper service, to be served in/at court. our hearing was

yesterday at 11am-which was what time the attorney of the landlord

withdrew, but the new notice of petition and petition is stamped for

yesterday at 1045am. i dont understand, how did he file a new notice

of petition and petition, before even withdrawing from this case, also

wouldn't they have to start over by giving me a new 30 day notice? im

sooo confused. i appreciate any feedback/advice you can provide. thank

soo much.


Asked on 12/20/11, 1:53 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

1. Q. Service in the Courthouse.

A. Your question makes reference to the courthouse sanctuary rule. "Despite antagonistic dicta to the contrary; most modern era precedent dealing with the issue of �Courthouse Sanctuary� from service of process have held that New York State residents receive no such immunity protections. [T]he Courthouse Sanctuary is only available to foreign state residents who come into New York's Courts to contest jurisdiction" (North Fork Bank v. Grover, 3 Misc.3d 341, 773 N.Y.S.2d 231 [2004]). In other words, the process server may serve you with a new Notice of Petition and Petition in the courthouse.

2. Q. also wouldn't they have to start over by giving me a new 30 day notice?

A. Not necessarily. The 30 day notice is to terminate the lease. It has nothing to do with notice to come to court (as indicated in the Notice of Petition).

Mike.

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Answered on 12/20/11, 6:28 am


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