Appellate Term, Second Department · June 12, 2026 · 2026 NY Slip Op 51297[U]
American Package Co., Inc. v Postelnicu
Read the official decision: 2026 NY Slip Op 51297[U]
Holding The court affirmed the dismissal of a holdover proceeding because the landlord failed to serve the notice of petition and petition, constituting a jurisdictional defect that cannot be cured by CPLR 2001. The court held that CPLR 3012(d) does not permit an extension of time to serve process where no personal jurisdiction has been obtained over the respondents.
The court’s words
it does not permit a court to grant additional time to serve process in an action or special proceeding where no personal jurisdiction has been obtained
2026 NY Slip Op 51297[U], at the official text
the failure to serve a defendant or respondent is not a mere technical infirmity but rather a jurisdictional defect
2026 NY Slip Op 51297[U], at the official text
landlord failed to demonstrate that an extension of time was warranted under either the good cause or interest of justice standards
2026 NY Slip Op 51297[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | June 12, 2026 |
| Citation | 2026 NY Slip Op 51297[U] |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending June 13, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51297[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 261 |
Recommended citation
ESQ HQ, New York Law Watch, American Package Co., Inc. v Postelnicu, 2026 NY Slip Op 51297[U] (Appellate Term, Second Department, June 12, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51297-u/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works