Landlord Doesn't Prove Notice Was Delivered to Tenant

LVT Number: #26825

Landlord sued to evict tenant after sending tenant a lease nonrenewal notice. Tenant claimed that he didn’t receive the nonrenewal notice. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Landlord’s witness supposedly sent the nonrenewal notice to tenant, but had no independent recollection of whether he served the notice. Tenant testified that she never received the nonrenewal notice at any address.

 

 

 

Landlord sued to evict tenant after sending tenant a lease nonrenewal notice. Tenant claimed that he didn’t receive the nonrenewal notice. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Landlord’s witness supposedly sent the nonrenewal notice to tenant, but had no independent recollection of whether he served the notice. Tenant testified that she never received the nonrenewal notice at any address.

 

 

 
Mautner-Glick Corporation v. Glazer: 2016 NY Slip Op 50090(U), 2016 WL 326117 (App. T. 1 Dept.; 1/27/16; Hunter, Jr., JP, Ling-Cohan, J)