Landlord Properly Served Notice to Quit

Landlord sued to evict apartment occupants, claiming that they were licensees. Occupants claimed improper service of the 10-day notice to quit required in eviction cases against licensees. The court ruled against occupants on this issue. Landlord's process server attempted personal service but then served the notice by attaching a copy to the door of the apartment and by mailing additional copies to each of the occupants by both regular and certified mail. Occupants claimed that there was no proof that the U.S. Postal Service treated the envelopes with certified mail stickers as certified mail and that the process server's act of dropping the envelopes in a mailbox on a Sunday violated the law against service of process on a Sunday. Postal Service records showed that the envelopes, which were marked with certified mail labels, were treated as certified mail. And the process server didn't infringe upon occupant's or the general public's day of rest by mailing copies on a Sunday. There was no violation of the law.

Kyriacou v. Kangelaris: NYLJ, p. 29, col. 6 (5/22/96) (Dist. Ct. Nassau; Skelos, J)