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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19109
Experience:  B.A.; M.B.A.; J.D.
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I have lived in the building for 16 years, renting a 1

Customer Question

I have lived in the building for 16 years, renting a 1 bedroom apartment.
Always paid rent, no a single payment - unpaid. There were late payments, for which I paid the $25 late fee - always.
The landlord, more specifically, its management office, has been harassing me with court cases for years, twice or three times a year, to generate and incur their legal fees.
Today, I received an Eviction Notice (without any proper prior notifications by them). I was not served any court papers, by mail or in person, never was advised of any court date. Based on this violation only (let alone all others, which can be added, if needed), I need to ask Court to either dismiss the order, or grant me a new proper Court hearing, where I am given a chance to defend myself and provide proof that I have paid all amount owed, always. Can you assist? I got the Eviction Notice today, it's scheduled for Tue, Aug 23rd.
Thank you.
Magda (###) ###-####
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  S. Kincaid replied 11 months ago.

In what state is this? What is the title of the eviction notice you got?

Customer: replied 11 months ago.
State: NY
The Notice Reads:
Please Take Notice:
As per Warranty to evict excuted: July 6, 2016
All Furniture and personal belongins will be removed from the apartment by the City Marchall of New Rochelle pn Tuesday, August 23, 2016 at 11 am
I suggest that you contact me immediately
Signature (City Marshall) Smuel Pierce New Rochelle , NY
Expert:  S. Kincaid replied 11 months ago.

I'm going to opt out in favor of someone more familiar with New York law.

Expert:  S. Kincaid replied 11 months ago.

Please don't respond to my post or the question will revert to me.

Expert:  Phillips Esq. replied 11 months ago.

Hello: This is Attorney Phillips. I will be further assisting you with your post.

I am sorry to read about your difficulty.

I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 11 months ago.

You need to file an Order to Show Cause ("OSC") along with Affidavit Supporting the Order and file it with the Clerk's office. You can obtain OSC forms at the Clerk's office. For more information on what you need to do, click here and scroll down to "Making an order to Show Cause".

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

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