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S&S Enters. Realty v. Stevenson

Tenant's Participation in Suit on Merits Waives Lack of Personal Jurisdiction Defense

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*1 Petitioner commenced this nonpayment proceeding in December 2017 seeking arrears in the amount of $3,200.00. On January 3, 2018, the parties appeared with their attorneys. A final judgment of possession was issued with no further stay and respondent advised that he had surrendered possession. The matter was adjourned to February 6, 2018 to resolve the monetary portion, if any, due to the petitioner. On February 6, 2018, the parties appeared and advised the court that they had not been able to come to an agreement on the amount due to petitioner. Respondent represented that he wanted to use his security deposit to pay the balance due and petitioner stated that the security deposit would have to be used to repair and restore the premises. Respondent also filed an Answer on February 6, 2018. The matter was adjourned to February 22, 2018 for a nonjury trial.On February 16, 2018, respondent filed a motion to dismiss, with a return date of February 22, 2018 at 9:30am. Respondent failed to appear at the calendar call. However, petitioner appeared and filed an Affirmation in Opposition to the motion.In support of the motion to dismiss respondent argues that the court lacks personal jurisdiction. Respondent Stevenson affirms that he was never served with the petition and notice of petition, nor a “Notice to Quit”. Per the affidavit of service filed with the Court, the

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