Eviction Case Dismissed for Improper Delivery of Court Papers

Landlord sued to evict a squatter from a rent-stabilized apartment after serving a 10-day notice to quit. The squatter asked the court to dismiss the case, claiming improper service. The court ruled for the squatter and dismissed the case. Landlord occupied one of the five rooms in the apartment as an office and knew that the squatter had been locked out of the apartment. So landlord knew that the squatter wouldn't be found at the apartment and improperly served papers to him there. The court ruled for the squatter and dismissed the case. Landlord knew it had locked the squatter out, and therefore attempts to serve him at the apartment were futile and didn't satisfy the "reasonable application" requirement under Real Property Actions and Proceedings Law Section 735. Also, attempts at service at the apartment door rather than at the squatter's room door were insufficient. The 10-day notice to quit also was improperly served since it was sent by mail only without any attempt at personal delivery. 

2293 Sedgwick Ave Realty Corp. v. Burgess: Index No. 71223/16, NYLJ No. 1202793829804 (Civ. Ct. Bronx; 7/13/17; Thermos, J)