papers, since that is the point in time when the Respondent learns of the claim and would
be required to respond or face a default and eviction. The appropriateness of
commencement of a summary proceeding to be upon service was evident during the
recent past when we experienced the COVID-19 pandemic, only after a court date was
assigned and the papers served was the case commenced.
Commencement upon service was discussed in 92 Bergenbrooklyn, LLC v. Cisarano, 50 Misc 3d 21[App
Term, 2d, 11th, and 13th Jud Dist 2015](" it is our view that the question of when a
summary proceeding is "commenced" must now be answered differently, in this context
and others, depending on the context in which the question arises" at 25) Here the
proceeding involves a question of notice arising from the recently enacted the Good
Cause Eviction Law and its mandate to take effect immediately. Consistent with the
legislative mandate, the court must treat commencement of this proceeding upon service
of the petition and notice of petition, and not upon filing. See, 64 Van St. LLC v.
Cuevas, 2020 NYLJ LEXIS 705[Civ Ct, Queens Co. 2020].
The court did not overlook or misapprehend the careful analysis and guideline
provided by the Appellate Term, Second Department in the seminal case 92
Bergenbrooklyn, LLC v. Cisarano, supra. Commencement here is interwoven
with notice that raises potential defenses under the Good Cause Eviction Law, which was
to take immediate effect. As such, commencement here was upon the service of the
petition and notice of petition which was on May 7, 2024.
Petitioner's second request which is for leave to amend a dismissed petition is not
within the scope of Rule 2221(d) as leave to plead does not concern a matter of fact or