Traverse Hearing Ordered Three Years After Case Began

Landlord sued to evict rent-stabilized tenant to recover apartment for his own use. After some prior motions, tenant asked the court for permission to conduct additional pretrial questioning. In response, landlord asked the court to strike tenant's defense that claimed improper service of the petition. The court ruled against landlord and ordered a traverse hearing. Tenant's answer to the petition claimed that it wasn't properly delivered. There was no affidavit of service of the petition in the court file, and no copy was attached to landlord's request. Tenant made factual allegations that supported his claim that the petition was delivered improperly. A traverse hearing was needed to determine whether the petition was properly served. In the meantime, tenant's request for additional pretrial questioning was denied, with permission to renew if the petition wasn't dismissed after the traverse hearing.

Barrett v. Silva: NYLJ, 12/16/09, p. 27, col. 3 (Civ. Ct. Kings; Sikowitz, J)