Tenant Didn't Submit Affidavit Challenging Service

December 1, 1997

LVT Number: 11944

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed that landlord's petition was improperly sent and asked the court to dismiss the case. The court ruled against tenant. Tenant didn't submit an affidavit or statement, based upon personal knowledge, that she didn't receive landlord's termination notice or petition. The court can't order a hearing concerning service if there's no sworn denial of receipt.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed that landlord's petition was improperly sent and asked the court to dismiss the case. The court ruled against tenant. Tenant didn't submit an affidavit or statement, based upon personal knowledge, that she didn't receive landlord's termination notice or petition. The court can't order a hearing concerning service if there's no sworn denial of receipt.

A.B. Ilibassi Realty Co. v. Lieberman: NYLJ, p. 29, col. 1 (11/19/97) (Civ. Ct. NY; Mills, J)

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