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Notarized letter in Small Claims Court

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sheababylv

Guest
I am in Brooklyn, NY, and am suing my former landlord in small claims court. The guy who rents the apartment below me wants to help, but can't/won't come into court for various reasons. Can I submit a notarized letter from this guy to the court? I need corroboration on a few key points, and he's the only one who can provide it.
 


I AM ALWAYS LIABLE

Senior Member
sheababylv said:
I am in Brooklyn, NY, and am suing my former landlord in small claims court. The guy who rents the apartment below me wants to help, but can't/won't come into court for various reasons. Can I submit a notarized letter from this guy to the court? I need corroboration on a few key points, and he's the only one who can provide it.
My response:

You can try, but I doubt the judge will accept it. You see, judges want "live" testimony, and a notarized statement can't be cross-examined by the landlord.

If your case hinges on the other tenant, your only hope is to have him subpoenaed to court. Now, he may put up a fight, and make threats about not testifying, but he will - - and, if need be, you can ask permission from the judge to question the tenant as a "hostile witness".

Good luck.

IAAL
 

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