One Attempt Made at Service Not Enough

June 30, 1994

LVT Number: 8939

Suffolk County landlord sued to evict tenant for nonpayment of rent, and the court ruled for landlord. Tenant appealed, claiming that landlord hadn't properly served the court papers. The process server had made a single attempt to serve the tenant on a weekday, just after 6:10 p.m., before resorting to ''nail and mail'' service. The court ruled for tenant, and dismissed the case. This one attempt at service wasn't enough.

Suffolk County landlord sued to evict tenant for nonpayment of rent, and the court ruled for landlord. Tenant appealed, claiming that landlord hadn't properly served the court papers. The process server had made a single attempt to serve the tenant on a weekday, just after 6:10 p.m., before resorting to ''nail and mail'' service. The court ruled for tenant, and dismissed the case. This one attempt at service wasn't enough.

Pius v. Galasso: NYLJ, p. 32, col. 3 (6/22/94) (App. T. 2 Dept.; Collins, JP, Ingrassia, Luciano, JJ)

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