Tenant Restored to Possession

March 13, 2013

LVT Number: #24676

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default and tenant was evicted. Tenant then asked the court to be restored to possession, claiming that he never received notice of the court proceeding. The court ruled for tenant after conducting a hearing, and restored him to the apartment. Landlord appealed and lost. Landlord presented no challenge to tenant's claim that it failed to properly effectuate delivery of its nonpayment petition. The court therefore properly restored tenant to possession.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default and tenant was evicted. Tenant then asked the court to be restored to possession, claiming that he never received notice of the court proceeding. The court ruled for tenant after conducting a hearing, and restored him to the apartment. Landlord appealed and lost. Landlord presented no challenge to tenant's claim that it failed to properly effectuate delivery of its nonpayment petition. The court therefore properly restored tenant to possession.

81 Bowery Realty Corp. v. Chen: 38 Misc.3d 141(A), 2013 NY Slip Op 50226(U) (App. T. 1 Dept.; 2/6/13; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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