Legal Question in Landlord & Tenant Law in New York

Proof of service?

My husband and I moved out of our BX apartment in March after almost a year of fighting for repairs with our LL. We did not have a lease, we were month to month. We relocated to CT in March, and in the mail today we receive a notice of judgement the amount of $$ equal to the months we did not pay rent. The apt was in horrible conditions, with an illegal tenant in the basement, holes in the ceiling etc. I have kept all of the evidence since then. He tried throwing us out, but the judge always found in our favor. How is it possible now in civil court to get a judgement when we were not even aware of the claim? We filed an appropriate change of address and everything. His attny says we have 30 days to contact his office or they will garnish wages and seek property. How is this possible?


Asked on 10/15/08, 1:36 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Proof of service?

If you were never served with papers, you will have to file a motion by Order to Show Cause to vacate the default judgment.

A NY Judgment is only enforceable against assets in NY. Therefore, I would contact a CT attorney and inquire how and when a default NY Judgment is enforceable in CT.

Mike.

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Answered on 10/15/08, 5:54 pm


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