Landlord Knew About Court Order Barring Tenant from Apartment

Landlord sued to evict tenant. The court ruled for landlord based on tenant’s failure to appear in court. An eviction warrant and a money judgment for over $7,000 were issued against tenant. Tenant asked the court to vacate the judgment and warrant, and to dismiss the proceeding. He claimed that landlord didn’t deliver the court papers properly. Landlord argued that the papers were properly delivered to tenant’s wife at the apartment while tenant wasn’t at home. The court ruled for tenant. At the time landlord delivered the court papers for the eviction case, tenant’s wife had an order of protection against tenant, requiring him to stay away from his wife and the apartment. Landlord knew this because tenant told landlord at the same time tenant said that he wouldn’t renew his lease. The delivery of landlord’s papers to tenant’s wife therefore was improper service, since she was unlikely to notify tenant under the circumstances.

Home Properties LP v. Kalter: NYLJ, 4/1/09, p. 31, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)