Landlord Properly Redelivered Court Papers

June 30, 2001

LVT Number: 15092

Landlord sued to evict tenant. Tenant asked the court to dismiss the case because landlord improperly delivered the court papers. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord redelivered the court papers within the time period required to bring the type of court case landlord started. The law doesn't bar redelivery of court papers. Since the papers were properly redelivered, landlord could go forward with the case.

Landlord sued to evict tenant. Tenant asked the court to dismiss the case because landlord improperly delivered the court papers. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord redelivered the court papers within the time period required to bring the type of court case landlord started. The law doesn't bar redelivery of court papers. Since the papers were properly redelivered, landlord could go forward with the case.

498 West End Ave. Realty Co. v. Donath: NYLJ, 6/19/01, p. 18, col. 2 (App. T.1 Dept.; McCooe, PJ, Gangel-Jacob, Suarez, JJ)

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