Landlord Needn't Send Tenant Legal Papers in the Ukraine

August 31, 2009

LVT Number: #22130

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case for improper delivery of landlord’s court papers. The court ruled against tenant, finding that landlord’s “nail and mail” service was sufficient. Tenant appealed and lost. Tenant claimed that landlord was required to serve papers on him in the Ukraine. The Ukraine had an “opt-out” provision to the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case for improper delivery of landlord’s court papers. The court ruled against tenant, finding that landlord’s “nail and mail” service was sufficient. Tenant appealed and lost. Tenant claimed that landlord was required to serve papers on him in the Ukraine. The Ukraine had an “opt-out” provision to the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. This required service of legal papers abroad to Ukraine citizens. But tenant never gave landlord any written notice that he lived anywhere besides the apartment. So he couldn’t rely on the opt-out provision.

235 West 22nd Street, LLC v. Genshaft: NYLJ, 8/31/09, p. 23, col. 4 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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