Court Papers Weren't Properly Delivered

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. After being evicted, tenant asked the court to vacate the judgment and eviction warrant. Tenant claimed that he didn't receive the court papers. And DSS had now paid all back rent and eviction fees. The court ruled for tenant. In response to tenant's claim that he didn't get the court papers, the court ordered a hearing to determine if the court papers were properly delivered. The process server claimed that she personally delivered the papers to tenant. But she had no independent recollection of the facts of this particular delivery, she didn't bring her logbook to court, and her affidavit of service falsely stated that she mailed additional copies of the court papers to tenant. In court, the process server admitted that someone else, in a city marshal's office she was affiliated with, did the mailings.

NYCHA v. Williams: NYLJ, 6/22/05, p. 19, col. 1 (Civ. Ct. Bronx; Madhavan, J)