Landlord Served 12-Year-Old with Court Papers

August 31, 1995

LVT Number: 9970

Landlord sued to evict tenant. Tenant claimed improper service of landlord's notice of petition and petition. The court ruled for tenant and dismissed the case. Landlord's process server delivered the papers to tenant's sister, who lived with her. The process server didn't ask the sister how old she was. Tenant's sister was 12 years old and never delivered the papers to tenant. The process server had an obligation to find out how old the young person was to whom he delivered the papers and to figure out if she was a suitable person.

Landlord sued to evict tenant. Tenant claimed improper service of landlord's notice of petition and petition. The court ruled for tenant and dismissed the case. Landlord's process server delivered the papers to tenant's sister, who lived with her. The process server didn't ask the sister how old she was. Tenant's sister was 12 years old and never delivered the papers to tenant. The process server had an obligation to find out how old the young person was to whom he delivered the papers and to figure out if she was a suitable person.

Zellars v. Hanse: NYLJ, p. 24, col. 1 (8/16/95) (Civ. Ct. Kings; Torres, J)

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