Question: For assigned case, analyze the issue based on the following criteria: Identify the parties involved in the case dispute (who is the plaintiff and who
- For assigned case, analyze the issue based on the following criteria:
- Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).
- Identify the facts associated with the case and fact patterns.
- Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties).Provide a judgment on who should win the case - be clear.
- Support your decision with an appropriate rule of law.
- Be prepared to defend your decision and to objectively evaluate the other points of view.
Case :
A landlord filed a nonpayment proceeding to recover possession of the 1st Floor at 49 Water Lane North, Levittown, New York. The tenant allegedly owed the petitioner the sum of $9,970.00. The tenant claimed that the petitioner failed to demand payment of rent or serve a requisite three days notice in writing requiring, in the alternative, the payment of the rent, or the possession of the premises as required under RPAPL 711(2). The landlord claimed that he had demanded the rent personally from the tenant since it became due. The tenant further claimed that he had not been served, personally, with any notice or demand. The landlord claims that under New York law an oral demand meets the requirement of the statute. What problems do you foresee in resolving this case in court? How could future landlords avoid disputes such as this one? [Merida v Morosoff, 2016 NY Slip Op 50513(U), decided on April 11, 2016, District Court Of Nassau County.]
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