Court Papers Improperly Delivered to Occupant

Landlord sued to evict loft tenant. Landlord delivered its court papers to tenant by substituted service to the occupant of the loft. Tenant claimed this was improper delivery. Tenant had previously tried to evict the occupant, and the occupant had gotten a court to order tenant to stop the lawsuit. The court ruled for tenant. Given tenant's conflict of interest with the occupant, the occupant wasn't a person of ''suitable age and discretion'' residing in the apartment to whom court papers could be delivered for tenant. Also, the court in the prior lawsuit between tenant and occupant had divided the loft so that the occupant didn't even reside in the same apartment for which landlord sought possession.

House of Bowery Corp. v. Ensley: NYLJ, p. 30, col. 1 (10/27/99) (Civ. Ct. NY; James, J)