Landlord Properly Served with Court Papers

HPD sued landlord to force correction of building violations. Landlord agreed to a court order directing her to provide adequate heat and hot water and make other repairs. HPD later served court papers claiming that landlord was in criminal contempt for not complying with the court's order. Landlord claimed she wasn't properly served with the contempt papers and that therefore the contempt motion should be dismissed. The court ruled against landlord. The process server claimed that after four attempts were made to serve landlord personally, copies of the contempt papers were affixed to landlord's door and mailed by certified and regular mail. Landlord admitted receiving the papers by regular mail. Landlord also had appeared in court and responded. Since this was a criminal proceeding, landlord was required only to have actual notice of the contempt motion. Since landlord admitted to receiving at least one copy of the papers by regular mail, this was sufficient notice.

HPD v. Warcak: NYLJ, p. 32, col. 1 (5/1/96) (Civ. Ct. Bronx; Fiorella, J)