Legal Question in Landlord & Tenant Law in New York

My Rights as A Tenant

I am posting this so that maybe someone can tell me what my rights are in my Landlord Tenant case that I am currently involved in. Basically, I was never served with any papers, but when I went to court the Landlords attorney just adjourned the case for a trial because they wanted to give me time to come up with $2,500, I never signed any papers or anything and I was just given a paper telling me when I need to come back to court. I just need to know if I can still ask for a Traverse the next time I go to court and if I still have a right to one. Also, if I lose the traverse, can I appeal? And if so, how can I get the judge to stay a possible eviction while the appeal process takes it’s course. In other words, what will I need to tell or show the judge in order for me to increase the possibly that I can get the judge to grant a stay. Any help you can provide will be of great help.

Thank You in Advance.


Asked on 11/30/05, 5:27 pm

2 Answers from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: My Rights as A Tenant

If you want to ask for a traverse it has to be made within three months of the time you first appeared in writing or in court, whichever is earlier. Do not let that date pass.

There is no guarantee of a stay during the appeals process, but if it is based on a traverse you may be able to get a stay.

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Answered on 12/09/05, 10:50 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: My Rights as A Tenant

If you were never served how were you aware of the court date? You have a right to make a Traverse application as part of your initial response, from what you say, you probably have not yet waived that right. It sounds like you are facing some complicated L&T issues, while you have a right to represent yourself, you should strongly consider retaining counsel to aid you in your defense. If nothing else, it will make the landlord's attorneys and the judge take your claims more seriously.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office

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Answered on 12/01/05, 10:07 am


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