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Should i present in court if the summoned is not in my name but has my property address in it?

Bronx, NY |

The landlord whom owns the house next to mine received a summoned to show up in court due to heater and water heater for a tenant. That tenant is my tenant, but instead of me receiving the summon they send the summon to him.. Should i show up in court with him or should i wait till the court send the summon to me?

Attorney Answers 3

Posted

Appear in court, but defend against the Summons by informing the court that you were never served with it, that in fact, the landlord next door was served instead. By the way, review the affidavit of service that should be on file, to confirm that the landlord next door was the only person served, and that there is no allegation that you were served as well (they could claim they served you, irrespective of whether you actually received the Summons).

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Posted

Dear Should i present in court if the summoned is not in my name but has my property address in it?

Perhaps I may help.

You did not state if you are the defendant on the Summons or your neighbor is the defendant on the Summons.

If you are the defendant, the service of the Summons may be improper.

You did not provide information about the Court that issued the summons. If the summons is for a criminal court violation issued by the NYC Dept of Buildings or FDNY, you should contact your attorney immediately and allow the attorney to handle the summons. In the Criminal Court case, the Court may allow for the substitution of the correct party, or may dismiss the summons if improperly served.

If the Summons is for a hearing at the ECB, you should contact your attorney. Your neighbor landlord may defend the summons on the ground that he is not the proper party, if he is the defendant. You may defend the summons if you are the defendant on the improper service defense. You and your neighbor may have a conflict with filed records at the Buildings Department that caused the service of the Summons on your neighbor instead of on you.

If the Summons involves a Housing Part (HP) case at the Landlord and Tenant Court, your attorney may go to Court with your neighbor and represent you, as the defendant and challenge the service of the HP proceeding.

You should have an attorney represent you.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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Posted

You should appear because you do not want a default judgment to be entered against you. You should ask the Court to dismiss the lawsuit because of the incorrect address.

The above answer is only for information. This answer and any response does not create an attorney-client relationship between the parties and the communication is not privileged and confidential. The best course of action is to consult with a lawyer about your specific case. If you need to contact me, please call at 212-537-6936 or email at info@viveksuri.com

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