Landlord Can't Vacate Default

August 31, 2005

LVT Number: 18301

HPD sued landlord to force it to correct housing code violations. The court ruled for HPD based on landlord's failure to appear in court. Landlord later asked the court to vacate the default, claiming that HPD delivered the court papers to the wrong address. The court ruled for landlord. HPD appealed and won. HPD's process server made sufficient, unsuccessful attempts at personal delivery. The papers were then sent to landlord at the business and home addresses stated by landlord on HPD's property registration statement.

HPD sued landlord to force it to correct housing code violations. The court ruled for HPD based on landlord's failure to appear in court. Landlord later asked the court to vacate the default, claiming that HPD delivered the court papers to the wrong address. The court ruled for landlord. HPD appealed and won. HPD's process server made sufficient, unsuccessful attempts at personal delivery. The papers were then sent to landlord at the business and home addresses stated by landlord on HPD's property registration statement. Landlord claimed that this was the wrong address, but hadn't amended the registration information. So landlord can't claim improper delivery of the court papers.

HPD v. 532-536 W. 143rd St. Realty Corp.: NYLJ, 8/12/05, p. 27, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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