Landlord Claims Improper Service of Violation Notices

DOB issued seven violation notices to landlord and delivered them to landlord by affixing copies to the building and mailing copies to landlord at the building. Landlord didn't respond to the notices, and ECB denied his request to vacate a default. Landlord appealed, claiming that ECB's decision was unreasonable. The court ruled for landlord. DOB claimed that copies of the notices were left at the building and mailed after reasonable attempts at personal delivery were made. But DOB's affidavits of service didn't state any specifics as to what reasonable attempts were made before "nail and mail" service. So landlord was entitled to a hearing about whether the service of the violation notices was proper, and the case was sent back to ECB.

Gallo v. City of New York: Index No. 18452/2011, NYLJ No. 1202562640960 (Sup. Ct. Queens; 6/27/12; Markey, J)