Posted on December 10, 2020
Neither Dulka nor any other witness certifies to observe the execution of the lease or to know a signature on the lease to identify the signature as the property of Malavet or Town Motor Cars. Menschen v. Pierre, 41 AD3d 289, 291 (1 dep. 2007); Acevedo v. Audubon Mgt., 280 AD2d to 95; People v. Bryant, 12 AD3d 1077, 1079 (Dep`t 4, 2004); Felder v. S&W Realty Assoc., 301 AD2d 625. Either party also does not offer another certified signature [*4] of a party to the lease so that the investigator can be compared to a signature on the lease, C.P.L.R. § 4536; Odum v.
Goord, 271 AD2d 723, 724 (3d Dep`t 2000); Terra v. Ministry of Health, 199 AD2d 577, 578-79 (3d Dep`t 1993); Menschen v. Murray, 122 AD2d 81, 82 (2d Dep`t 1986); see People v. Michallow, 201 AD2d, p. 916; Persons v. Clark, 122 AD2d 389, 390-91 (3d Dep`t 1986), or offer circumstantial evidence that authenticates the lease. Menschen v. Peter, 41 AD3d, p.
291; People v. Bryant, 12 AD3d to 1079; Menschen v. Thomas, 272 AD2d 892, 893 (4 Dep.2000); Menschen v. Jean-Louis, 272 AD2d 626, 627 (2d Dep`t 2000); People v. Murray, 122 AD2d to 82. Moreover, since the defendants did not offer Malavet an authenticated and admissible lease agreement, that omission prevents V.W. Credit Leasing from finding that, as from 9 July 2005, it was the lessor of the vehicle who collided with the applicant`s vehicle. Washington v. Montefiore Med. Ctr., 9 AD3d 271, 272 (1 Dep. 2004); Colbourn vs.
ISS Intl. Serv. Sys., 304 AD2d to 369-70; Allstate Ins. Ganesh, 8 Miscellaneous 3d to 923. Without a certified and authorized lease, any recitation of rental terms by affidavits or other documents, such as assignment, hearsay and violates the best evidence rule. People v. Joseph, 86 NY2d at 570; Schozer vs. William Penn Life Ins. Co. of NY, 84 NY2d to 643; NW Liquidating Corp.c. Helmsley-Spear, Inc., 248 AD2d to 305; Schiffren vs. Kramer, 225 AD2d to 758.
IV. CONCLUSION Most property managers have a clear idea of what their lawyer is asking for before filing an eviction for non-payment of rent. In this situation, property managers expect to fax over a three-day notice period for non-payment of rent, lease and sometimes the payment book. Assuming the three-day notice period, the rental agreement and the payment booklet are no problem. Your lawyer will file the case. After a while, this routine becomes like a clock for the property manager. Like all good things, this walk to paradise will end as soon as the property manager tries to file an eviction due to the resident`s non-compliance with the rental conditions, apart from the non-payment of rent. In this situation, a good lawyer who wants to protect the property manager will refuse to file an eviction on the basis of seven days` notice of the lease, unless all legal requirements have been met and the lawyer is sure that there is enough evidence to win in court. Nowhere does V.W.
Credit Leasing present a signed assignment contract, let alone a certification of such a contract. Without the assignment agreement itself, any recitation of the terms of the order by Dulka`s affidavit or other documents is hearsay and contradicts the best evidence rule. People v. Joseph, 86 NY2d 565, 570 (1995); Schozer vs. William Penn Life Ins. Co. of NY, 84 NY2d 639, 643 (1994); NW Liquidating Corp.c. Helmsley-Spear, Inc., 248 AD2d 304, 305 (1 Dep. 1998); Schiffren vs. Kramer, 225 AD2d 757, 758 (2d Dep`t 1996). The absence of a contract for the transfer of the lease between Town Motor Car and Malavet thus prevents the conclusion that V.W. Credit Leasing was the lessor under this lease.
Colbourn vs. ISS Intl. Serv. Sys., 304 AD2d 369; Allstate Ins. Ganesh, 8 Miscellaneous 3d 922, 924 (Sup. Ct. Bronx Co., 2005). Fast forward to Sam`s eviction process. For the tape recording and photos to be admitted as evidence, your deportation lawyer must lay the groundwork through witnesses. All this fanciful language means that your deportation attorney will have to ask very specific questions of Todd and Lisa before the judge admits the evidence.
For example, Todd is asked questions about how he physically recorded the tape and kept it. He will be asked if he has ever heard Sam`s voice in the past and how many times he has heard it. Next, Todd is asked if he heard the recording, which is listed as an exhibition. The lawyer then asked Todd if he recognized the voice, and finally Todd was asked who it really was. Finally, the deportation lawyer would require the judge to seize the registration as evidence. As for Lisa`s photographs, she was asked if she knew the photographs, how the photographs were developed, if and how she knew the area contained in the photos, and if the photographs accurately represented what Lisa saw at the date and time of the incident. Another important point to remember: if the resident you are trying to evict tries to offer inadmissible evidence in court, your deportation lawyer will have to appeal the hearing, or you have waived your right to challenge that evidence on appeal. .