Hearing Required on Whether Court Papers Properly Delivered

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the tenant.) Landlord sued to evict tenant for keeping a dog in her apartment, in violation of her lease. Tenant asked the court to dismiss the case. She claimed that landlord didn't properly deliver the court petition to her. Landlord's process server submitted a sworn statement that he tried to deliver the papers one day at 7:30 pm, that tenant didn't answer his knock at the door, and that he left a copy of the court papers taped to tenant's apartment door. Tenant claimed that she was home in the studio apartment at the time and that the process server didn't knock at the door. She presented a copy of her telephone bill showing that she was on the phone just before and just after 7:30 pm. The court ruled that there was a question of fact and ordered that a hearing be held to determine whether the court papers were properly delivered.

230 Equity Inc. v. Kahn: NYLJ, p. 18, col. 6 (Civ. Ct. NY 9/4/03; Lebovits, J)