Landlord Didn't Deliver Court Papers on Time

May 31, 2000

LVT Number: 14150

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord's petition was defective and that the case should be dismissed. The court ruled for tenant. Landlord sent the petition to tenant four days before the court date. Under RPAPL Section 733, landlord was required to send the petition to tenant at least five days before the court date.

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord's petition was defective and that the case should be dismissed. The court ruled for tenant. Landlord sent the petition to tenant four days before the court date. Under RPAPL Section 733, landlord was required to send the petition to tenant at least five days before the court date.

316 E. 77th St., Inc. v. Deptula: NYLJ, 5/24/00, p. 27, col. 4 (Civ. Ct. NY; Schreiber, J)

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