Tenant Claims Marshal Didn't Deliver 72-Hour Notice

Landlord sued to evict tenant after tenant failed to sign a rent-stabilized renewal lease. Tenant signed a settlement agreement in court promising to pay $12,000 in rent arrears and to move out by Sept. 30, 2010. The court later denied tenant's request to vacate the agreement and judgment. Tenant appealed and lost. Tenant was evicted and, on the same day, again asked the court to vacate the judgment and warrant. The court ruled against tenant, who appealed and lost. Tenant argued for the first time that landlord failed to state in its court petition that the building received 421-a tax benefits and the marshal failed to serve a 72-hour notice before evicting tenant. The court denied tenant’s prior request after tenant claimed defective landlord papers. And even if marshal failed to serve its notice, that didn’t affect the validity of the judgment and wasn’t a reason to restore tenant to possession.

125 Court Street, LLC v. Nicholson: 52 Misc.3d 144(A), 2016 NY Slip Op 51281(U) (App. T. 2 Dept.; 9/7/16; Pesce, PJ, Weston, Elliot, JJ)