170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)

Citation: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Parent Document: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-12-11
Original Source: https://www.courtlistener.com/opinion/10292432/170-ny-props-llc-v-edwards/ ↗

Full Text

1,639 chars

Over petitioner's objection, respondent was granted a continuance after lunch in order to retrieve proof of service of the notices of rent impairing violations from the file of an unrelated proceeding. [FN5]
Respondent marked for identification as R13 certified bulk mailing records from DHPD. Petitioner objected to the admission of R13, records purportedly relevant to service of DHPD Violation No. 16005225, Order Number 567* (a rent-impairing violation), issued on May 31, 2023, to "abate the infestation consisting of rodents rats at west inner court." Petitioner also objected to what was marked for identification as R14, bulk mailing records offered by respondent's counsel as relevant to service of DHPD Violation #16014164, Order Number 567* (a rent-impairing violation), issued on June 2, 2023, to "abate the infestation consisting of rodents rats at west inner section court." Specifically, petitioner's objections to exhibits R13 and R14 were on the basis the documents cannot be connected to particular violations, and moreover, the mailing dates do not correspond to the postmark on the DHPD bulk mailing records. At this juncture, petitioner moved for directed verdict in its favor pursuant to CPLR 4401.[FN6]
Citing to the Administrative Code of the City of New York, a/k/a Housing Maintenance Code ("HMC"), § 27-2115 (b), respondent argued that, as a matter of the law, the plain language of the statute provides that proof of mailing is established by subpoenaed DHPD records from a separate proceeding indicating that the notices of violations were mailed, and, accordingly, respondent has prevailed. Respondent rested.

Other Sections in This Document (49)

Full Text