Landlord Needn't Deliver Court Papers to Tenant's Son

June 30, 2000

LVT Number: 14224

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court and, apparently, had moved out of the apartment. The court ruled for landlord. Tenant's son then asked the court to vacate the judgment and eviction warrant. The court ruled for the son and dismissed the case based on landlord's failure to name him as a party or deliver a copy of the court papers to him. Landlord appealed and won. Landlord wasn't required to deliver the court papers to tenant's son.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court and, apparently, had moved out of the apartment. The court ruled for landlord. Tenant's son then asked the court to vacate the judgment and eviction warrant. The court ruled for the son and dismissed the case based on landlord's failure to name him as a party or deliver a copy of the court papers to him. Landlord appealed and won. Landlord wasn't required to deliver the court papers to tenant's son. But the court allowed the son to be joined in the case and sent it back for further action, including giving tenant's son a chance to pay the back rent.

NYCHA v. Beale: NYLJ, 6/26/00, p. 24, col. 3 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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