Notice Improperly Delivered to Abandoned Apartment

Landlord sued to evict tenant after serving a 30-day termination notice. Tenant claimed improper delivery of the notice. The court ruled for tenant and dismissed the case. The process server testified that the apartments in the four-unit building were uninhabitable. They lacked electricity and heat and appeared to be abandoned. The process server didn't attempt to deliver the notice to tenant at any other location. But landlord knew that tenant had an alternate address, because he had started a separate eviction proceeding against tenant at the other address at the same time. So a copy of the termination notice also should have been delivered to tenant at the address he actually was known to be at. Also, the process server only placed a copy of the notice on an interior door of the abandoned apartment. He should have attached copies both to the apartment entrance door and, since the building was vacant, to the building entrance door. The process server also failed to produce a copy of his license at the traverse hearing, which was another reason to find improper service.

Perry v. Perry: Index No. 050801/10, NYLJ No. 1202480410089 (Civ. Ct. Richmond; 1/31/11; Marrazzo, J)