Tenant Waived Right to Raise Service Defense

February 1, 1998

LVT Number: 12127

Landlord sued to evict tenant for nonpayment of rent. Tenant answered landlord's petition orally in court. The file was marked ''dispute amount.'' Tenant later hired an attorney, who filed an amended answer and counterclaims. Among other things, tenant now claimed landlord's three-day rent demand, notice of petition, and petition were improperly served. The court ruled against tenant. Tenant didn't raise the service defense in his initial oral answer. So tenant waived the right to raise the issue later.

Landlord sued to evict tenant for nonpayment of rent. Tenant answered landlord's petition orally in court. The file was marked ''dispute amount.'' Tenant later hired an attorney, who filed an amended answer and counterclaims. Among other things, tenant now claimed landlord's three-day rent demand, notice of petition, and petition were improperly served. The court ruled against tenant. Tenant didn't raise the service defense in his initial oral answer. So tenant waived the right to raise the issue later.

Smith v. Maya: NYLJ, p. 25, col. 5 (1/8/98) (Civ. Ct. King; Alterman, J)

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