Case Type
Holdover-Lease Expiration
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 306959-24
Slip Opinion Number
2025 NY Slip Op 50458(U)
Petitioner
Chun Lin
Respondent
Lu Mei Chen, et al.
Judge
Schiff, Logan J.
Decision/Order Date
2025-04-08
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover based on a terminated month-to-month tenancy, the landlord alleged personal service of a 90-day termination notice, but the tenant denied receipt. At trial, both parties presented witnesses supporting their version: the landlord’s unlicensed process server claimed personal service, while the tenant’s friend testified the tenant was in Brooklyn on the service date. The court found both witnesses credible but equally interested, creating evidentiary equipoise. Because the burden of proving service rested with the landlord and the evidence did not preponderate in his favor, the court held that valid service had not been established. The petition was dismissed without prejudice. Practice Note: When service of a predicate notice is disputed and the affidavit is insufficiently corroborated, testimony alone—especially from an unlicensed process server—may fail to meet the landlord’s burden.
Recommended Citation
"Chun Lin v. Lu Mei Chen" (2025). All Decisions. 1773.
https://ir.lawnet.fordham.edu/housing_court_all/1773
