Hudson House LLC v. Gabriel

OPINION OF THE COURT

Memorandum.

Order reversed without costs and matter remanded to the court below for a determination de novo following a traverse hearing.

After being evicted pursuant to a warrant issued in this nonpayment proceeding, tenants moved to be restored to possession, asserting the lack of service of the rent demand, the notice of petition and petition, and the marshal’s eviction notice. Nevertheless, the court below terminated the posteviction traverse hearing prematurely on the erroneous ground that landlord’s mere failure to offer into evidence the process server’s logbook,…