Landlord Didn't Deliver Court Papers to Tenant's Alternate Address

Landlord cooperative corporation sued to evict tenant shareholder for unauthorized sublet of tenant's co-op apartment. Tenant asked the court to dismiss the case based on improper delivery of its court papers. The court ruled for tenant and granted him attorney's fees. Landlord appealed and won, in part. The court correctly dismissed the case because landlord failed to mail a copy of the notice of the eviction proceeding to tenant's alternate address in Paris, France, within one day after affixing a copy to the door of tenant's apartment. Landlord had notice of tenant's alternate address in the form of a power of attorney delivered at the time of the closing on the apartment purchase, and landlord specifically referred to tenant's alternate address through its attorney in an email sent to tenant's agent prior to starting the court proceeding. Tenant's failure to respond to landlord's email requesting designation of an agent for service of process for shareholders who lived out of state didn't excuse landlord of its legal obligation under Real Property Actions and Proceedings Law Section 735 to mail a copy of the notice to tenant's alternate address. Because of improper service, the court didn't have personal jurisdiction over tenant. But it was premature to grant tenant attorney's fees since the case was dismissed without prejudice and the ultimate outcome hadn't yet been determined.

Horatio Arms, Inc. v. Celbert: 2013 NY Slip Op 23258, 2013 WL 3942914 (App. T. 1 Dept.; 7/31/13; Hunter Jr., JP, Torres, Shulman, JJ)