Richard Moore's brother Thomas and Thomas's now deceased wife were the owners of a trailer parked in leased space in the Dutch Village Adult Mobile Home Park Sales & Services, Inc., in Claverack, New York. In June of 1991, the Park commenced eviction proceedings against Thomas and his wife because of the constant violations of Park rules by their son, and on August 15, 1991, a town justice issued a judgment and warrant of eviction. These papers were not prepared with the clarity and specificity that ordinarily is expected of a legal document. The judgment provided that a warrant be issued to put the landlord in possession “effective November 30, 1991.” The warrant stated that the Moores had been ordered to exit said premises “on or before November 30, 1991” and directed the sheriff's office to remove them from the premises “as of November 30, 1991.”
Section 233(d)(1) of New York's Real Property law provides that the officer to whom such a warrant is directed shall give at least ninety days notice in writing of the proposed eviction. The bookkeeper at the sheriff's office who handled evictions apparently concluded that the eviction in the instant case could take place anytime after the expiration of the ninety days and prior to November 30, 1991. Accordingly, she scheduled the eviction to be held on November 25, 1991, ninety-four days after service of the
section 233(d)(1) notice. A notice to this effect was sent to the attorneys for the Mobile Park on August 27, 1991. A similar notice was sent to Barry Sack, Thomas Moore's attorney, on October 30, 1991. Thomas Moore testified that he received notice that the eviction was scheduled for November 25, 1991 but that he never contacted either the sheriff's office or the judge who had issued the initial warrant.