Landlord Served Termination Notice

March 1, 1994

LVT Number: 8646

Nassau County landlord sued to evict tenant. Landlord didn't appear in court, and the court ruled for tenant. The court also stated that landlord didn't serve tenant with a notice of termination. Landlord later asked the court to excuse his default. The court refused, and landlord appealed. The appeals court ruled for landlord. Landlord showed that his default was excusable. And landlord had, in fact, served tenant with a termination notice. The case was sent back for trial.

Nassau County landlord sued to evict tenant. Landlord didn't appear in court, and the court ruled for tenant. The court also stated that landlord didn't serve tenant with a notice of termination. Landlord later asked the court to excuse his default. The court refused, and landlord appealed. The appeals court ruled for landlord. Landlord showed that his default was excusable. And landlord had, in fact, served tenant with a termination notice. The case was sent back for trial.

Mormon v. Carey: NYLJ, p. 24, col. 2 (2/23/94) (App. T. 2 Dept.; DiPaola, PJ, Stark, Luciano, JJ)

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