Occupant Claims Improper Delivery of Court Papers

July 31, 2001

LVT Number: 15163

Landlord sued to evict occupant after rent-controlled tenant died. Occupant claimed that landlord didn't properly deliver the court papers to him and asked the court to dismiss the case. Landlord argued that occupant couldn't claim improper delivery because he also made unrelated claims based on breach of the warranty of habitability and money damages. Landlord asked the court to dismiss occupant's unrelated claims. The court ruled against landlord, finding that occupant's claims weren't unrelated, since landlord sought use and occupancy payments from occupant while the case was pending.

Landlord sued to evict occupant after rent-controlled tenant died. Occupant claimed that landlord didn't properly deliver the court papers to him and asked the court to dismiss the case. Landlord argued that occupant couldn't claim improper delivery because he also made unrelated claims based on breach of the warranty of habitability and money damages. Landlord asked the court to dismiss occupant's unrelated claims. The court ruled against landlord, finding that occupant's claims weren't unrelated, since landlord sought use and occupancy payments from occupant while the case was pending. A hearing was ordered on occupant's claim that the court papers weren't properly delivered.

King Enterprises Ltd. v. Mastro: NYLJ, 7/18/01, p. 20, col. 3 (Civ. Ct. NY; Rodriguez, J)

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