Affidavit of Service Defective

April 30, 1999

LVT Number: 13214

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's affidavit of service of his court papers was defective and that the case should be dismissed. The court ruled for tenant. Landlord's affidavit of service stated that the petition was personally sent to ''Joanne'' Castellanos, as tenant. Tenant's first name wasn't Joanne. Even if the petition had been delivered to a person who could be considered a proper substitute for tenant, the affidavit didn't state that the recipient of the petition lived or was employed at tenant's apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's affidavit of service of his court papers was defective and that the case should be dismissed. The court ruled for tenant. Landlord's affidavit of service stated that the petition was personally sent to ''Joanne'' Castellanos, as tenant. Tenant's first name wasn't Joanne. Even if the petition had been delivered to a person who could be considered a proper substitute for tenant, the affidavit didn't state that the recipient of the petition lived or was employed at tenant's apartment. So the petition wasn't properly delivered and the case must be dismissed.

Kiss v. Castellanos: NYLJ, p. 27, col. 3 (4/21/99) (Civ. Ct. NY; Billings, J)

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