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My building's superintendent served me with a 3 Day Notice. Can he still testify before the Court?
Anonymous4 views3 answers
I'm a tenant being sued for nonpayment. I've had the hearing, and the trial is coming up. My super's testimony is crucial because he has seen the conditions of my apartment. But he served me the 3 Day Notice; does that mean he can't testify?
Jonathan Charles ClarkeCriminal Defense AttorneyFarmingdale, NY ·
Serving the 3 day notice is not going to bar the landlord from giving testimony at a hearing. Objection to testimony are vary complicated, but serving papers is not an objection to testimony. You should consult your bar association to find a pro bono attorney to help you with this matter if you are not able to afford an attorney.
This scenario is common. The general rule is that any person "not a party" to an action can serve legal papers. Accordingly, unless the super is somehow named as a party to the case, it is unlikely that the court will bar the super's testimony. You may want to consult a landlord-tenant attorney concerning your best course of action.
Richard J. ChertockReal Estate AttorneyMelville, NY ·
No it does not. Anyone who is over 18 and is not a party to the action can serve the notice. You can still call him as a witness or subpoena him, and if he testifies on behalf of the landlord you can cross examine him. Good luck.
