New Hearing Required on Whether Court Papers Were Properly Delivered to Tenant

December 1, 2002

LVT Number: 16234

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default, and tenant was evicted. Tenant then asked the court to reopen the case, claiming that landlord never sent him court papers. The court ruled for tenant and held a hearing on whether the papers were delivered. Landlord's process server testified, but landlord didn't submit into evidence the process server's logbook. For this reason, the court ruled that tenant wasn't properly sent the court papers. Landlord appealed and won.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default, and tenant was evicted. Tenant then asked the court to reopen the case, claiming that landlord never sent him court papers. The court ruled for tenant and held a hearing on whether the papers were delivered. Landlord's process server testified, but landlord didn't submit into evidence the process server's logbook. For this reason, the court ruled that tenant wasn't properly sent the court papers. Landlord appealed and won. Landlord didn't have to submit the process server's logbook into evidence. The case was sent back for a new hearing on whether the court papers were delivered properly to tenant.

Hudson House LLC v. Gabriel: NYLJ, 11/29/02, p. 25, col. 2 (App. T.2 Dept.; Aronin, JP, Patterson, Golia, JJ)

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