Adequacy of Service Turns on Fact Questions, Including the Defendant’s Failure to File a Change of Address Form with the USPS

Adequacy of Service Turns on Fact Questions, Including the Defendant’s Failure to File a Change of Address Form with the USPS

On August 23, 2023, the Second Department issued a decision in U.S. Bank N.A. v. Henry, 2023 NY Slip Op. 04391, holding that the adequacy of service turned on fact questions, including the defendant’s failure to file a change of address form with the U.S. Postal Service . . . Continue reading Adequacy of Service Turns on Fact Questions, Including the Defendant’s Failure to File a Change of Address Form with the USPS

Tenant May Seek a Yellowstone Injunction to Cure Failure to Pay Rent

Tenant May Seek a Yellowstone Injunction to Cure Failure to Pay Rent

On August 1, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 170 Tillary Corp. v. Gold Tillary Realty LLC, 2023 NY Slip Op. 32724(U), holding that if a landlord issues a notice to cure regarding unpaid rent, a tenant may seek a Yellowstone injunction seeking time to cure the failure to pay rent . . . Continue reading Tenant May Seek a Yellowstone Injunction to Cure Failure to Pay Rent