Opinion
No. 570145/21
06-17-2022
125 East 50th Street, Co., Lessee, LLC, Petitioner-Landlord-Appellant, v. Credo International Inc., Respondent-Tenant-Respondent.
Unpublished Opinion
PRESENT: HAGLER, J.P., TISCH, MICHAEL, JJ.
PER CURIAM
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), entered October 14, 2021, which denied its motion for an order deeming its affidavit of service filed timely nunc pro tunc in a commercial nonpayment summary proceeding.
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 A.D.3d 402 [2008]; Berkeley Assoc. Co. v Di Nolfi, 122 A.D.2d 703, 705 [1986], lv dismissed 69 N.Y.2d 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 A.D.3d 582 [2021]).
All concur