Occupant Properly Served

June 30, 1995

LVT Number: 9833

Landlord sued to evict rent-stabilized tenant for illegal sublet or assignment. Tenant had moved out. The court ruled for landlord. Tenant's son, who remained in the apartment, stipulated in court that he would move out. Later, the son's girlfriend, who also lived in the apartment, appealed, claiming she was improperly served with landlord's eviction papers. The appeals court ruled against the girlfriend. Service of the notice of petition, and petition on her as ''Jane Doe'' was legally sufficient.

Landlord sued to evict rent-stabilized tenant for illegal sublet or assignment. Tenant had moved out. The court ruled for landlord. Tenant's son, who remained in the apartment, stipulated in court that he would move out. Later, the son's girlfriend, who also lived in the apartment, appealed, claiming she was improperly served with landlord's eviction papers. The appeals court ruled against the girlfriend. Service of the notice of petition, and petition on her as ''Jane Doe'' was legally sufficient. The girlfriend didn't show that landlord knew she claimed the right to remain in the apartment before the eviction action was started.

608–610 191st St. Realty Corp. v. Rivera: NYLJ, p. 25, col. 2 (6/23/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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