Riverside Syndicate, Inc. v. Saltzman – Case Brief Summary (New York)

In Riverside Syndicate, Inc. v. Saltzman (49 AD3d 402, 852 NYS2d 840 [2008]), the Appellate Division, First Department, reversed the Appellate Term and affirmed the housing court's determination that granted the respondents' motions to dismiss.

"Landlord failed to 'complete' service of the notice of petitions and petitions by filing proof of service (RPAPL 735 [2] [b]) at least five days prior to the date the petitions were noticed to be heard (see RPAPL 733 [1]). A summary proceeding is a special proceeding and 'governed entirely by statute . . . and it is well established that there must be strict compliance with the statutory requirements to give the court jurisdiction' (Berkeley Assoc. Co. v. Di Nolfi, 122 AD2d 703, 705, 505 NYS2d 630 [1986], lv dismissed 69 NY2d 804, 505 NE2d 951, 513 NYS2d 386 [1987]; MSG Pomp Corp. v. Doe, 185 AD2d 798, 586 NYS2d 965 [1992]). Thus, the court should have granted respondents' motions to dismiss the petitions." (49 AD3d at 402.)