125 EAST 50TH STREET CO LESSEE LLC v. CREDO INTERNATIONAL INC (2022)

Supreme Court, Appellate Term, New York,

125 EAST 50TH STREET, CO., LESSEE, LLC, Petitioner-Landlord-Appellant, v. CREDO INTERNATIONAL INC., Respondent-Tenant-Respondent.

570145 /21

Decided: June 17, 2022

PRESENT: Hagler, J.P., Tisch, Michael, JJ.

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]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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