Landlord Didn't Send Court Papers to Tenant in Jail

April 30, 2008

LVT Number: #20388

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against landlord and dismissed the case. Landlord wanted tenant to produce documents such as income tax returns, brokerage statements, and insurance policies. These documents wouldn't help resolve any question about illegal subletting. In addition, landlord knew that tenant was in jail when landlord started the eviction case. But landlord didn't deliver copies of the court papers to tenant in jail.

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against landlord and dismissed the case. Landlord wanted tenant to produce documents such as income tax returns, brokerage statements, and insurance policies. These documents wouldn't help resolve any question about illegal subletting. In addition, landlord knew that tenant was in jail when landlord started the eviction case. But landlord didn't deliver copies of the court papers to tenant in jail. The papers were delivered to tenant only at the apartment. So tenant didn't have proper notice of the court case.

525 West 175 St. LLC v. Vincente: NYLJ, 4/16/08, p. 27, col. 1 (Civ. Ct. NY; Marton, J)

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