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Evidence Keyed to Leonard
De Feo v. Merchant
Citation:115 Misc. 2d 286, 454 N.Y.S.2d 576 (1982)
This is a summary proceeding instituted under Section 52 of the Tenant Protection Regulations for failure of the tenant to renew his lease under Section 45 of those regulations. The tenants defend against this eviction proceeding by asserting that they never received the notice for renewal of the lease either by certified mail or otherwise and that their experience with respect to delivery of mail within the building by the U.S. Post Office would justify a finding that the notice had not been delivered. The landlord asserts an absolute presumption of receipt from the fact of mailing.
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