Tenants Didn't Present Viable Grounds for Dismissal of Eviction Proceeding

Landlord sued to evict tenants for creating a nuisance. Tenants asked the court to dismiss the case for a number of reasons, including improper service and insufficient notice of claims. The court ruled against tenants, who appealed and again lost. Landlord's process server submitted a sworn statement describing services upon an individual at the apartment. The court properly rejected tenants' unsworn contention that the copy of the termination served on them was different from the one filed by landlord in court. Landlord didn't accept post-termination rent checks. As tenants admitted, landlord returned any checks previously tendered. The termination notice also set forth reasonable case-specific allegations that tended to support the nuisance claim with sufficient detail to have allowed tenants to prepare a defense. The misspelling of one tenant's surname didn't cause any prejudice and didn't render the proceeding jurisdictionally defective. 

HPH Milano LLC v. Iakouchevitch: Index No. 570088/23, 2024 NY Slip Op 50036(U)(App. T. 1 Dept.; 1/16/24; Hagler, PJ, Brigantti, Tisch, JJ)