Landlord Gets Money Judgment in Nonpayment Case Without Personal Delivery of Court Papers to Tenant

Landlord sued to evict tenant for nonpayment of rent. The Rochester city court ruled for landlord in part based on tenant’s failure to appear. Landlord was entitled to a judgment of possession and eviction warrant. But, since landlord didn’t personally serve tenant with the court papers, it couldn’t get a money judgment against the defaulting tenant. The papers had been served only by conspicuous substitute service. Landlord appealed  and won. The appeals court found that Real Property Actions and Proceedings Law Section 735 expressed a clear legislative intent to abandon the requirement for personal service in summary nonpayment proceedings. So the case was sent back to the lower court for entry of a money judgment in landlord’s favor.

Cornhill LLC v. Sposato: Index No. 2016/0025, NYLJ No. 1202780787009 (Co. Ct. Monroe; 2/16/17; Ciaccio, J)