Court Papers Not Properly Served

April 1, 1994

LVT Number: 8680

Landlord sued to evict tenant. Tenant claimed landlord's notice of petition and petition were improperly served. The court agreed, and ruled against landlord. Landlord's process server testified that he taped the papers to the common entrance door of the two-family building after he knocked on the entrance door and got no answer. He said that the door was made of Plexiglastm and that there was no doorbell. But tenant said that the common entrance door was made of wood and that there was a doorbell.

Landlord sued to evict tenant. Tenant claimed landlord's notice of petition and petition were improperly served. The court agreed, and ruled against landlord. Landlord's process server testified that he taped the papers to the common entrance door of the two-family building after he knocked on the entrance door and got no answer. He said that the door was made of Plexiglastm and that there was no doorbell. But tenant said that the common entrance door was made of wood and that there was a doorbell. The court didn't believe that the process server made a reasonable effort to serve the papers to tenant's apartment.

The Green Point Savings Bank v. Soriano: NYLJ, p. 26, col. 5 (3/1/94) (Civ. Ct. Kings; Lau, J)

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