| 235 W. 22nd St., LLC v Genshaft |
| 2009 NY Slip Op 51822(U) [24 Misc 3d 145(A)] |
| Decided on August 24, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from an order of the Civil Court of the City of New York, New York County
(Oymin Chin, J.), dated June 20, 2008, which denied his pre-answer motion to dismiss the
holdover petition.
Per Curiam.
Order (Oymin Chin, J.), dated June 20, 2008, affirmed, with $10 costs.
We sustain the denial of tenant's pre-answer motion to dismiss the petition in this nonprimary residence proceeding. Service of the notice of petition and petition upon tenant was properly effectuated by conspicuous or "nail and mail" service under PRAPL 735(1). Tenant's argument that landlord was required to serve him in the Ukraine is unavailing inasmuch as tenant never provided landlord with "written information" that he resided elsewhere (RPAPL 735[1][a]). In this posture, tenant's reliance on the Ukraine's "opt-out" of the mailing provision of Article 10 of the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see 20 UST 361 [1969]) is misplaced.
We have considered tenant's remaining arguments and find them without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 24, 2009