Landlord Exempt from Using Licensed Process Server

July 31, 2006

LVT Number: 19020

Landlord sued to evict apartment occupant after tenant had moved out. Occupant asked the court to dismiss the case. He claimed improper delivery of court papers because they were delivered by a NYCHA employee who wasn't a licensed process server. Tenant claimed that NYCHA wasn't exempt from the legal requirements for delivery of court papers because it wasn't a government entity. The court ruled against occupant. NYCHA was a state agency exempt from licensing provisions.

Landlord sued to evict apartment occupant after tenant had moved out. Occupant asked the court to dismiss the case. He claimed improper delivery of court papers because they were delivered by a NYCHA employee who wasn't a licensed process server. Tenant claimed that NYCHA wasn't exempt from the legal requirements for delivery of court papers because it wasn't a government entity. The court ruled against occupant. NYCHA was a state agency exempt from licensing provisions. And even if landlord wasn't exempt from process server requirements, the penalty was a sanction, not dismissal of the case.

NYCHA-Taylor Wythe Houses v. Spitzer: NYLJ, 7/5/06, p. 27, col. 3 (Civ. Ct. Kings; Heymann, J)

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