Landlord Didn't Deliver Nonpayment Petition to Tenant at Known Address

November 24, 2015

LVT Number: #26634

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case based on improper service of the petition. Tenant’s daughter appeared in court because she found a copy of the court papers at tenant’s apartment before the court date. But tenant was residing in a nursing home and landlord had received written notice of that address. Landlord’s failure to send tenant a copy of the nonpayment petition at the nursing home was a fatal defect, and the case was dismissed.

 

 

 

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case based on improper service of the petition. Tenant’s daughter appeared in court because she found a copy of the court papers at tenant’s apartment before the court date. But tenant was residing in a nursing home and landlord had received written notice of that address. Landlord’s failure to send tenant a copy of the nonpayment petition at the nursing home was a fatal defect, and the case was dismissed.

 

 

 
Valley Dream Housing Co., Inc. v. Albano: Index No. LT-003347-15, NYLJ No. 1202739153007 (Dist. Ct. Nassau; 9/30/15; Harris, J)

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