[*4]collects all the rents and makes all the deposits and all rent is
sent to his P.O. Box 127. In addition to the foregoing, as part of Landlord's opposition papers to
Tenant's motion, the Landlord submitted a printout from the N.Y.S. Department of State website
which list Louis DeVito as the registered agent of Landlord for service of process. It appears that
Louis DeVito acted in the capacity as managing agent for Landlord and the Tenant by his own
admission has acknowledge as much. It should also be noted that the Tenant never claims he was
mislead or prejudiced by the language contained in the Petition or that he didn't know that the
DeVito's managed the Premises on behalf of the Landlord.
PETITIONER'S ADDRESS
Notwithstanding the fact that the Tenant has failed to submit any case law that substantiates
his position this Court finds that based upon the credible testimony of Louis DeVito, who
testified at length that he acted in the capacity as the manager or the managing agent for the
Petitioner, and was also the Petitioner's C.P.A., registered agent for service of process and at
times counsel for Petitioner and also a member of the firm that has appeared as counsel of record
in the instant action, this Court finds that Louis DeVito's business address on the Notice of
Petition also serves as Petitioner's address, especially in light of the fact that Tenant had intimate
knowledge of the DeVito's role in managing the Premises and also the fact that Mr. DeVito is
Landlord's registered agent for service of process. Additionally there is simply no allegations
that the Tenant was mislead, confused or prejudicial regarding the address used. In addition to
the foregoing R.P.A.P.L. 741 does not require the Petition to list its address in the Notice of
Petition.