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Posted by Nora on October 22, 1998 at 16:12:33:

In Reply to: Re: Traverse Hearing and My Wit's End posted by Mark Smith on October 22, 1998 at 10:59:21:

: The process server may slide the notice under the door of your apartment or may attach it to the door. The process server must also send copies by regular mail and by registered or certified mail. When you were away, did anyone sign for the registered or certified mail? The super? Did the super and/or the landlord know that you were staying somewhere else on a temporary basis when the process server allegedly attempted service? If so, the papers should have been served at the temporary address, if that address was known. Obviously, when the letter carrier gave your mail to the super, the super knew that you were away.

: If you are not successful at the traverse hearing, the judge can stay execution of the warrant and let you pay the amount of the judgment, which may include attorneys' fees. However, courts favor disposition on the merits, and because of your warranty of habitability defense and counterclaim, the court may grant the traverse and dismiss the petition, without prejudice to the landlord filing again.

:
:Mark, thanks for your response...it was hysterical, almost a French farce. The landlord's attorney is arrogant beyond belief, and the doofarb just "assumed" it was a regular hearing upon the non-payment. He did NOT realize it was a traverse until we were waiting at the railing of the courtroom to be heard.

He asked the judge for more time to get his process server there, coz he was appearing at another traverse hearing in Queens. Judge said "no." He asked again...judge said "no, don't you know what no means?" Attorney said, "no, I don't know what it means"...I went on from there and he got her SO mad. Anyway, case dismissed and they have to refile.

Just some info for the folks who read this board, I got a TON of great info from the TenantNet Court Case Decisions archives, including citations on improper service. I could have *won* the traverse hearing, coz they didn't send any certified mail, the landlord didn't know where I was, but COULD have left phone messages on my machine and didn't...and the super illegally took my mail. Btw, I filed a complaint with the Postal Inspector on that one. This because I found out the super was so inept in doing repairs that HE caused the last 4 floods in my bathroom...he broke the pipe while snaking it and never repaired it.

Thanks, again, Mark, for your response.

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: : The process server may slide the notice under the door of your apartment or may attach it to the door.  The process server must also send copies by regular mail and by registered or certified mail.  When you were away, did anyone sign for the registered or certified mail?  The super?   Did the super and/or the landlord know that you were staying somewhere else on a temporary basis when the process server allegedly attempted service?  If so, the papers should have been served at the temporary address, if that address was known.  Obviously, when the letter carrier gave your mail to the super, the super knew that you were away.

: : If you are not successful at the traverse hearing, the judge can stay execution of the warrant and let you pay the amount of the judgment, which may include attorneys' fees.  However, courts favor disposition on the merits, and because of your warranty of habitability defense and counterclaim, the court may grant the traverse and dismiss the petition, without prejudice to the landlord filing again.

: : 
: :Mark, thanks for your response...it was hysterical, almost a French farce.  The landlord's attorney is arrogant beyond belief, and the doofarb just "assumed" it was a regular hearing upon the non-payment.  He did NOT realize it was a traverse until we were waiting at the railing of the courtroom to be heard.

: He asked the judge for more time  to get his process server there, coz he was appearing at another traverse hearing in Queens.  Judge said "no."  He asked again...judge said "no, don't you know what no means?"  Attorney said, "no, I don't know what it means"...I went on from there and he got her SO mad.  Anyway, case dismissed and they have to refile.

: Just some info for the folks who read this board, I got a TON of great info from the TenantNet Court Case Decisions archives, including citations on improper service.  I could have *won* the traverse hearing, coz they didn't send any certified mail, the landlord didn't know where I was, but COULD have left phone messages on my machine and didn't...and the super illegally took my mail.  Btw, I filed a complaint with the Postal Inspector on that one.  This because I found out the super was so inept in doing repairs that HE caused the last 4 floods in my bathroom...he broke the pipe while snaking it and never repaired it.

: Thanks, again, Mark, for your response.


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