Court Dismisses Squatter's Claim of Improper Service of Court Papers

Landlord sued to evict a squatter, claiming that she had no permission or right to be in the building. She had been the prior building owner, who lost the building in a foreclosure action. The squatter failed to appear in court and was evicted. She then asked the court to restore her to possession, claiming improper service of landlord's court papers. The court ruled against the squatter. The process server's statement described the squatter as a 50-year-old, 5 foot 9 inch, Asian male. This was squatter's husband, who accepted the papers at the building and said that he was the squatter. The squatter was in fact a 5 foot 2 inch Asian female. But since the squatter admitted she was in the apartment when the papers were served, the court assumed that she was aware of and participated in her husband's misrepresentation to the process server that he was the squatter.

Milazzo v. Kim: Index No. LT-001976-18NA, NYLJ No. 1538378080 (Dist. Ct. Nassau; 9/13/18; Fairgrieve, J)