Tenant Properly Served with Court Papers

LVT Number: 10040

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord sued to evict tenant. Tenant claimed improper service of landlord's notice of petition and petition. Tenant simply denied receiving the papers. But the process server's sworn statement showed service was properly completed. Tenant also responded to the substance of landlord's claim of illegal sublet by claiming malicious prosecution. This response also barred tenant from claiming he wasn't served with court papers.

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord sued to evict tenant. Tenant claimed improper service of landlord's notice of petition and petition. Tenant simply denied receiving the papers. But the process server's sworn statement showed service was properly completed. Tenant also responded to the substance of landlord's claim of illegal sublet by claiming malicious prosecution. This response also barred tenant from claiming he wasn't served with court papers.

60 E. 83rd St. Corp. v. Greene: Index No. 064922/95 (4/24/95) (Civ. Ct. NY; Bransten, J) [2-page document]

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