Landlord Should Have Used Alternate Method of Service

December 1, 1996

LVT Number: 11116

Landlord sued to evict tenants for nonpayment of rent. The Mt. Vernon court ruled against landlord and dismissed the petitions. Landlord appealed. The appeals court ruled against landlord. Landlord's process server was unable to serve notice of petition and petition personally on tenants and therefore served tenants by ''conspicuous place service.'' But since the building was vacant and uninhabitable, this method of service couldn't possibly have resulted in the notices reaching tenants. Landlord didn't know tenants' new address.

Landlord sued to evict tenants for nonpayment of rent. The Mt. Vernon court ruled against landlord and dismissed the petitions. Landlord appealed. The appeals court ruled against landlord. Landlord's process server was unable to serve notice of petition and petition personally on tenants and therefore served tenants by ''conspicuous place service.'' But since the building was vacant and uninhabitable, this method of service couldn't possibly have resulted in the notices reaching tenants. Landlord didn't know tenants' new address. Landlord should have asked the court for instructions on how to try to serve tenants in this case.

616 East Lincoln Ave., Inc. v. Finley: NYLJ, p. 34, col. 1 (11/1/96) (App. T. 2 Dept.; DiPaoli, PJ, Ingrassia, Floyd, JJ)

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