Court Papers Improperly Delivered to Tenant's Abusive Spouse

September 30, 2003

LVT Number: 16866

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed she didn't get the court papers. Landlord's process server stated that he delivered the papers to tenant's husband and mailed another copy to her. Tenant had lived in the apartment with her husband until April 30, 2003, when family court issued an order of protection to tenant barring her abusive husband from the apartment. He then moved downstairs with his sister. On May 5, 2003, the court papers were delivered to tenant's husband. The court ruled for tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed she didn't get the court papers. Landlord's process server stated that he delivered the papers to tenant's husband and mailed another copy to her. Tenant had lived in the apartment with her husband until April 30, 2003, when family court issued an order of protection to tenant barring her abusive husband from the apartment. He then moved downstairs with his sister. On May 5, 2003, the court papers were delivered to tenant's husband. The court ruled for tenant. Under the circumstances, he wasn't a person of suitable age and discretion living at the apartment who qualified to accept the papers for tenant. Tenant also stated that before May 5, 2003, her husband had taken away her mailbox key. Since tenant proved she didn't get the court papers, the case was dismissed.

Morello v. Morello: NYLJ, 9/10/03, p. 21, col. 1 (Civ. Ct. Kings; Rodriguez, J)

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