Landlord Can't Get Money Judgment

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord's court papers were delivered to tenant by leaving them at tenant's door after landlord was unable to deliver them personally. Tenant asked the court to dismiss the case but didn't file an answer. Tenant claimed that the court papers weren't properly delivered. Tenant later withdrew this request and moved out. He claimed that the court couldn't give landlord a money judgment for the rent due because tenant hadn't filed an answer to the court petition. Courts: Tenant wins. The court didn't have personal jurisdiction over tenant because he didn't personally receive the court papers and had filed only a pre-answer dismissal request in court. Landlord could get only a judgment giving him possession of the apartment.

Shared Equities Co. v. Merchant: NYLJ, 4/24/02, p. 18, col. 4 (Civ. Ct. NY; Wendt, J)