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FORTY CENTRAL PARK SOUTH, INC. v. KISS

40 A.D.3d 236 (2007)

835 N.Y.S.2d 132

FORTY CENTRAL PARK SOUTH, INC., Appellant, v. MICHAELINE KISS, Also Known as MICHAELINE PAGE, Respondent, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 1, 2007.

The unverified answer was not a nullity, inasmuch as it could have been oral (RPAPL 743), and the landlord did not assert that it provided notice regarding the lack of verification (CPLR 3022). The mailing presumption notwithstanding (see Engel v Lichterman, 62 N.Y.2d 943 [1984]), the traverse court properly made a credibility-based determination that the tenant's testimony denying that she received a mailed copy of the notice of...

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