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jurisdictionmotion
jurisdictionmotion

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City of New York v. Doe, 82 Misc.3d 438, 205 N.Y.S.3d 879, 2023 N.Y. Slip Op. 23397

Facts

The City of New York acquired a vacant lot in April 1990 and sought to eject apparent occupiers, Alexander Aqel and Aqel Sheet Metal Inc., who claimed continuous adverse possession since 2005. The City initiated proceedings against the occupiers using pseudonyms, serving notices that were later found to be defective. The occupiers were unaware of the proceedings until they saw a notice of eviction posted outside the lot in June 2022. The City’s attempts to serve notices were challenged due to improper use of pseudonyms and defective service methods.

In April 1990, the City acquired the lot at issue, which the City describes as “1119 Washington Avenue A/K/A 14 Gouverneur Place-Unimproved Land/Lot, Block 2388, Lot 54, Bronx, NY 10456 (All Rooms).”

Issue

Did the use of fictitious pseudonyms and the manner of service of notices and petitions deprive the court of jurisdiction in the ejectment action?

Did the use of fictitious pseudonyms and the manner of service of notices and petitions deprive the court of jurisdiction in the ejectment action?

Rule

Effective service of a predicate notice is jurisdictional, and the use of pseudonyms without diligent efforts to ascertain the true identities of the parties renders the service defective.

Effective service of a predicate notice is jurisdictional, and the use of pseudonyms without diligent efforts to ascertain the true identities of the parties renders the service defective.

Analysis

The court determined that the City's use of fictitious names for the occupiers rendered the notice to quit defective from the outset, as it failed to comply with CPLR 1024. Additionally, the court found that the service of the notice and the petition did not meet the requirements set forth in RPAPL § 713, as the notices were not properly served to the actual parties involved. The court emphasized that the City did not demonstrate reasonable efforts to identify the occupiers before resorting to pseudonymous service.

The court determined that the City's use of fictitious names for the occupiers rendered the notice to quit defective from the outset, as it failed to comply with CPLR 1024.

Conclusion

The court granted the occupiers' motion to vacate the default judgment and dismissed the petition for lack of jurisdiction, restoring the occupiers to possession of the lot.

The court granted the occupiers' motion to vacate the default judgment and dismissed the petition for lack of jurisdiction, restoring the occupiers to possession of the lot.

Who won?

The occupiers, Alexander Aqel and Aqel Sheet Metal Inc., prevailed because the court found that the City failed to properly serve the necessary notices, which deprived the court of jurisdiction.

The occupiers, Alexander Aqel and Aqel Sheet Metal Inc., prevailed because the court found that the City failed to properly serve the necessary notices, which deprived the court of jurisdiction.

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