Landlord Didn't Deliver Court Papers Properly

Landlord sued to evict rent-stabilized tenant’s estate after tenant died. Landlord claimed that the estate administrator violated tenant’s lease by permitting tenant’s granddaughter to use the apartment and subletting it to her without landlord’s permission. The administrator and granddaughter claimed that granddaughter had lived with tenant and had succession rights. They also claimed that landlord didn’t properly serve the eviction petition and asked the court to dismiss the case. The court agreed. Landlord’s process server stated that he posted the court papers on the entrance door of the apartment and at the administrator’s residence. But he only mailed copies to the apartment, not to the administrator’s address. Landlord failed to follow the specific requirements of Real Property Actions and Proceedings Law Section 735 regarding service of court papers. The case was dismissed.

ST Owner LP v. Doe: NYLJ, 1/7/10, p. 27, col. 1 (Civ. Ct. NY; Wendt, J)