Eviction Case Dismissed Because Landlord Attempted Service of Court Papers on Tenant's Sabbath Day

Landlord sued to evict tenant after serving a 90-day termination notice. Tenant filed a pre-answer motion to dismiss the case, claiming that he wasn't legally served with the termination notice, he didn't know who the petitioner was, the notice had an incorrect name and ZIP code, he never received the notice in the mail or attached to his door, and the process server attempted service of the notice of petition and petition at 8:48 p.m. on a Friday night after sundown, which was the Jewish Sabbath. Landlord argued that he didn't know that tenant observed the Sabbath. In response, tenant showed several text message conversations between himself and landlord's agent that clearly demonstrated that the agent was aware that tenant was a religious observer of the Jewish faith who prayed regularly at a synagogue.

The court ruled for tenant and dismissed the case. Landlord violated General Business Law Section 13 by attempting service on the Sabbath, and therefore didn't obtain personal jurisdiction over the tenant.

Teitelbaum v. Rand: Index No. 316629/22, NYLJ 11/23/22, p. 17, col. 3 (Civ. Ct. Kings; 11/5/22; Cohen, J)