Landlord Didn't Send Court Papers to Tenant’s Known Alternate Address

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after an inquest based on tenant’s failure to appear. Tenant later asked the court to vacate the eviction ruling. It claimed that it didn’t learn about the case until after receiving a later letter from landlord’s attorney. The court ruled for tenant. Landlord knew or should have known that tenant had a principal office elsewhere, outside the apartment. Landlord sent its predicate notice and court papers only to the Bronx apartment, not to tenant’s Manhattan office address. So the court vacated the default judgment against tenant and reopened the case. 

152 W. 162 Street LLC v. Services for the Underserved: Index No. 22270/16, NYLJ No. 1202768604439 (Civ. Ct. Bronx; 9/12/16; Lutwak, J)