Tenant Can't Claim Improper Service of Court Papers

December 1, 2010

LVT Number: #23075

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Among other things, tenant claimed landlord's court papers were delivered improperly. The court ruled that tenant waived this claim because he asserted counterclaims against landlord. Tenant appealed and lost. Tenant argued that he had agreed to withdraw two counterclaims, one for intentional infliction of emotional distress and the other for property damage based on landlord's negligence. But doing so didn't revive his improper service claim.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Among other things, tenant claimed landlord's court papers were delivered improperly. The court ruled that tenant waived this claim because he asserted counterclaims against landlord. Tenant appealed and lost. Tenant argued that he had agreed to withdraw two counterclaims, one for intentional infliction of emotional distress and the other for property damage based on landlord's negligence. But doing so didn't revive his improper service claim. In addition, tenant didn't withdraw remaining counterclaims for harassment, discrimination, and rent overcharge.

ROL Realty Company LLC v. Gordon: 2010 NY Slip Op 52048(U), 2010 WL 4860901 (App. T. 1 Dept.; 11/29/10; Shulman, JP, McKeon, Schoenfeld, JJ)

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