Weise v. Gershman

This is a special proceeding to recover possession of leased premises for nonpayment of rent. Respondents move to dismiss the petition as to the individual respondent, for lack of jurisdiction due to failure to serve the petition and notice of petition as required by section 735 of the Real Property Actions and Proceedings Law and also, as to both respondents, for failure to "state a cause of action.”

Both branches of the motion are granted. Accordingly, other grounds for dismissal and alternate motions for relief need not be considered.

Substituted service of the petition and notice of…