South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)

Citation: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Parent Document: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-05-07
Original Source: https://www.courtlistener.com/opinion/9500911/south-brooklyn-ry-co-v-heung-man-lau/ ↗

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Eighth and Tenth Affirmative Defenses
The eighth affirmative defense alleges that Petitioner's April 28, 2022 notice to quit was defective because it was (1) not signed by a proper party and (2) not served in a manner required by the RPAPL or the Agreement (see Answer ¶ 22). Respondent also alleges in their tenth affirmative defense that the Court lacks personal jurisdiction over Respondent because Petitioner did not serve the petition pursuant to the RPAPL or CPLR (id. ¶¶ 24-25). Since the Court already found that there is potential merit to the affirmative defenses regarding personal jurisdiction based on improper service (see Summary Judgment Denied supra at 3-6), these affirmative defenses shall not be dismissed.

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