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Do I lost rights by asking for adjournment?

NYC Housing Court Practice/Procedures

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Do I lost rights by asking for adjournment?

Postby Caleb » Sat Jun 19, 2004 10:28 am

My first court date for a holdover action (chronic nonpayment) is on Tuesday, June 22. Because I am not ready with my defense, I want to ask for an adjournment. Do I lose any rights by asking for an adjournment at the first court date? Specifically, will I still be able to introduce defenses at the next court date? I have filed a verified answer already, but I don't think I got everything in the answer.

One more thing: the landlord filed his holdover petition with the court on June 3rd but didn't serve me until June 11th -- is that proper?

Caleb
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Re: Do I lost rights by asking for adjournment?

Postby Caleb » Sun Jun 20, 2004 2:10 pm

Sorry ... in the topic heading I meant to say, "Do I LOSE rights ....".
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Re: Do I lost rights by asking for adjournment?

Postby Anna » Sun Jun 20, 2004 10:19 pm

You do not lose any rights by asking for an adjournment; the judge has the right to give you ten days if the LL objects (LL usually fake-objects then agrees to whatever date judge suggests, usually aprox 3 weeks). Ususally, tenants ask for time to hire/consult an attorney, get witness, get documentation/evidence.

" I have filed a verified answer already, but I don't think I got everything in the answer." You have ten days to file an amended answer without asking permission. After that, you must ask the judge first. Some defenses, like sewer service, are usually lost if not in the first paper filed.
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Re: Do I lost rights by asking for adjournment?

Postby Praz » Wed Jun 30, 2004 1:33 pm

What if you've made no answer, and just ask for adjournment? I plan to do this in two days. (Details in messier post, "Holdover/trial," in the non-reg forum.) Bad service happened, but I hear if you show up that's lost anyway.
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Re: Do I lost rights by asking for adjournment?

Postby Anna » Wed Jun 30, 2004 3:38 pm

question: "Bad service happened, but I hear if you show up that's lost anyway. "
answer: NO, not just because you show up. You lose service defenses if you do not properly interpose them in the first response to the lawsuit, i.e., in either a Pre-Answer Motion to Dismiss or in the Answer itself. Simply denying receipt of papers is not usually considered sufficient to overcome the affidavit of service.
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