Tenant Presented No Basis for Restoration to Possession

June 24, 2018

LVT Number: #28449

Tenant asked the housing court to be restored to possession of his apartment seven months after the eviction. The court ruled against tenant, who appealed and lost. The court petition papers were properly served by "nail and mail" after personal delivery was attempted. Tenant never gave landlord an alternate address for service of papers. Tenant's claim that he was out of the country for more than a year caring for an ill parent was also unsupported. Tenant presented no meritorious defense to the eviction proceeding.

Tenant asked the housing court to be restored to possession of his apartment seven months after the eviction. The court ruled against tenant, who appealed and lost. The court petition papers were properly served by "nail and mail" after personal delivery was attempted. Tenant never gave landlord an alternate address for service of papers. Tenant's claim that he was out of the country for more than a year caring for an ill parent was also unsupported. Tenant presented no meritorious defense to the eviction proceeding.

305 MK Secure Holdings LLC v. Chen: 59 Misc.3d 144(A), 2018 NY Slip Op 50719(U) (App. T. 1 Dept.; 5/23/18; Shulman, PJ, Gonzalez, Edmead, JJ)

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