Tenant Didn't Waive Right to Claim Court Papers Not Properly Delivered

LVT Number: 14331

Landlord sued to evict tenant. After tenant answered landlord's petition in court and asked the court to rule in her favor without a trial, she asked the court to dismiss the case because landlord didn't properly deliver the court papers to her. Although landlord knew tenant had a Florida address, it sent the court papers to her New York apartment address. The court ruled for tenant. Landlord clearly didn't deliver the court papers properly. And tenant didn't waive her right to claim improper delivery, because she had already asked the court to rule in her favor without a trial.

Landlord sued to evict tenant. After tenant answered landlord's petition in court and asked the court to rule in her favor without a trial, she asked the court to dismiss the case because landlord didn't properly deliver the court papers to her. Although landlord knew tenant had a Florida address, it sent the court papers to her New York apartment address. The court ruled for tenant. Landlord clearly didn't deliver the court papers properly. And tenant didn't waive her right to claim improper delivery, because she had already asked the court to rule in her favor without a trial.

4260 Broadway Realty LLC v. Ricabal: NYLJ, 7/12/00, p. 28, col. 1 (Civ. Ct. NY; Schneider, J)