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/ ↗

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Service of the Notices of Violation by Mail; Continued Existence of Rent Impairing Violations
It is not disputed that rent-impairing violations exist and remain uncorrected according to DHPD records. What is disputed is that respondent can demonstrate that petitioner was properly "served" with the notices of violation, an essential element of the defense.[FN11]
Respondent having rested, the sole question at this juncture is whether respondent has made a prima facie demonstration that he has a defense pursuant to MDL § 302-a, and that "such notice" (by mail) of "such violation" was properly served. (MDL § 302-a [3] [a] [i].)

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