Landlord Proved Proper Delivery of Court Papers

July 31, 2003

LVT Number: 16771

Landlord sued to evict tenant. The court ruled for landlord, awarding possession and $3,000. Tenant asked the court to vacate the judgment. She claimed that landlord hadn't properly delivered the termination notice and petition. The court ruled against tenant. Tenant appealed and lost. Landlord proved proper delivery of the court papers. Landlord's process server attached the papers to a staircase door leading exclusively to tenant's apartment. This was acceptable delivery because there could be no further entry to tenant's apartment past the staircase door.

Landlord sued to evict tenant. The court ruled for landlord, awarding possession and $3,000. Tenant asked the court to vacate the judgment. She claimed that landlord hadn't properly delivered the termination notice and petition. The court ruled against tenant. Tenant appealed and lost. Landlord proved proper delivery of the court papers. Landlord's process server attached the papers to a staircase door leading exclusively to tenant's apartment. This was acceptable delivery because there could be no further entry to tenant's apartment past the staircase door.

Pentecost v. Santorelli: NYLJ, 7/17/03, p. 25, col. 3 (App. T. 2 Dept.; Doyle, PJ, Winick, Skelos, JJ)

Topics

More like this