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HORATIO ARMS, INC., pet-ap, v. JEAN-FRANCOIS CELBERT, res-res

13-108/109. HORATIO ARMS, INC., pet-ap, v. JEAN-FRANCOIS CELBERT, res-res — Order (John H. Stanley, J.), entered July 27, 2012, affirmed, without costs. Order (John H. Stanley, J.), dated October 3, 2012, reversed, without costs, and tenant's application for attorneys' fees is denied.

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13-108/109. HORATIO ARMS, INC., pet-ap, v. JEAN-FRANCOIS CELBERT, res-res — Order (John H. Stanley, J.), entered July 27, 2012, affirmed, without costs. Order (John H. Stanley, J.), dated October 3, 2012, reversed, without costs, and tenant’s application for attorneys’ fees is denied.

The holdover summary proceeding, based upon allegations that tenant illegally sublet the cooperative apartment premises, was properly dismissed for lack of personal jurisdiction. Landlord received “written information” from tenant (see RPAPL 735[1] [a]), in the form of a power of attorney presented at the time of closing, that tenant actually resided at a specified street address in Paris, France, an address specifically referenced by landlord, through counsel, in email correspondence sent to tenant’s attorney-in-fact prior to commencement of this eviction proceeding. In this posture, “it was incumbent upon [landlord], after affixing notice of the eviction proceeding to the door of the apartment, to mail a copy to [tenant's] alternate address within one day (RPAPL 735)” (Schwartz v. Certified Mgt. Corp., 117 AD2d 521, 521 [1986]). Landlord’s acknowledged failure to do so rendered the proceeding jurisdictionally defective.

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