125 E. 50th St. v. Credo Intl. Inc.

125 E. 50th St. v Credo Intl. Inc. (2022 NY Slip Op 50504(U)) [*1] 125 E. 50th St. v Credo Intl. Inc. 2022 NY Slip Op 50504(U) [75 Misc 3d 134(A)] Decided on June 17, 2022 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on June 17, 2022 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT PRESENT: Hagler, J.P., Tisch, Michael, JJ. 570145/21 125 East 50th Street, Co., Lessee, LLC, Petitioner-Landlord-Appellant, against Credo International Inc., Respondent-Tenant-Respondent. Landlord appeals from an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), entered October 14, 2021, which denied its motion for an order deeming its affidavit of service filed timely nunc pro tunc in a commercial nonpayment summary proceeding. Per Curiam. Order (Sabrina B. Kraus, J.), entered October 14, 2021, affirmed, without costs. Landlord's contentions on this appeal are, for the most part, unpreserved for appellate review and, in any event, without merit. Landlord's failure to timely file proof of service of the notice of petition and petition (see RPAPL 735[2][b]) deprived the court of jurisdiction (see Riverside Syndicate, Inc. v Saltzman, 49 AD3d 402 [2008]; Berkeley Assoc. Co. v Di Nolfi, 122 AD2d 703, 705 [1986], lv dismissed 69 NY2d 804 [1987]). In the circumstances, Civil Court properly denied landlord's motion for an order deeming the affidavit of service timely filed nunc pro tunc. We have considered landlord's remaining arguments and find them unpersuasive (see Brash v Richards, 195 AD3d 582 [2021]). All concur THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Clerk of the Court Decision Date: June 17, 2022