Court Papers Not Properly Delivered to Incarcerated Tenant

April 1, 2003

LVT Number: 16457

Landlord sued to evict tenant. The court ruled against landlord and dismissed the case because landlord didn't properly deliver the court papers to tenant. Landlord appealed and lost. Tenant was incarcerated and also suffered from psychiatric impairment at the time the court papers were delivered to the apartment. Since landlord knew this, the court papers couldn't have been properly delivered to tenant at the apartment by attempting personal delivery there and then leaving copies.

Landlord sued to evict tenant. The court ruled against landlord and dismissed the case because landlord didn't properly deliver the court papers to tenant. Landlord appealed and lost. Tenant was incarcerated and also suffered from psychiatric impairment at the time the court papers were delivered to the apartment. Since landlord knew this, the court papers couldn't have been properly delivered to tenant at the apartment by attempting personal delivery there and then leaving copies.

30-40 Assocs. Corp. v. DeStefano: NYLJ, 3/5/03, p. 18, col. 6 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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