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Posted by Nora on October 19, 1998 at 10:44:56:

I'm sitting in my apartment, listening to my waterfall in the bathroom. There isn't supposed to BE a waterfall in my bathroom, but it's recurring, at least once a year.

I stopped paying rent several months ago because, after 8 years, I'm tired of constantly having floods from poorly-made repairs. The landlord took me to court, which I didn't know about until I received a marshall's notice.

There's a traverse hearing on Wed in Brooklyn, because the landlord did NOT serve me properly. I was ill and not living at home during the time he "served" me papers. I'd left a "hold mail" notice with the PO, but, when I returned home, the Superintendent in the building handed me a shopping bag FILLED with MY mail. He said the letter carrier had "given it to him because the mailbox was full."

I called the PO and found out that's illegal. The letter carrier had to, BY LAW, take the mail back and return it to sender. So, with the Super having my mail, is it any wonder I never received the court papers?

Also, as I understand it, the process server will be there to testify he made proper personal service. Since I wasn't at home during that period, and since I have weatherstripped my door, and nothing can be slid underneath or thru the side, how good is his case?

I'm so tired of this...8 years in this apt, and 11 floods, as of today.

Do I have a hope in hell of prevailing? I'd move, but I live alone and am seriously ill. I haven't the strength to find a new place to live.

Any input is greatly appreciated.

Follow Ups:

• Re: Traverse Hearing and My Wit's End Mark Smith 10/22/98 (1)
  • Re: Traverse Hearing and My Wit's End Nora 10/22/98 (0)

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Comments:
: I'm sitting in my apartment, listening to my waterfall in the bathroom.  There isn't supposed to BE a waterfall in my bathroom, but it's recurring, at least once a year.

: I stopped paying rent several months ago because, after 8 years, I'm tired of constantly having floods from poorly-made repairs.  The landlord took me to court, which I didn't know about until I received a marshall's notice.

: There's a traverse hearing on Wed in Brooklyn, because the landlord did NOT serve me properly.  I was ill and not living at home during the time he "served" me papers.  I'd left a "hold mail" notice with the PO, but, when I returned home, the Superintendent in the building handed me a shopping bag FILLED with MY mail.  He said the letter carrier had "given it to him because the mailbox was full."

: I called the PO and found out that's illegal.  The letter carrier had to, BY LAW, take the mail back and return it to sender.  So, with the Super having my mail, is it any wonder I never received the court papers?

: Also, as I understand it, the process server will be there to testify he made proper personal service.  Since I wasn't at home during that period, and since I have weatherstripped my door, and nothing can be slid underneath or thru the side, how good is his case?

: I'm so tired of this...8 years in this apt, and 11 floods, as of today.

: Do I have a hope in hell of prevailing?  I'd move, but I live alone and am seriously ill.  I haven't the strength to find a new place to live.

: Any  input is greatly appreciated.


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