Petition Not Properly Served

Landlord sued to evict tenant after tenant's apartment was burned out by a fire that landlord claimed tenant had caused. Landlord served the notice of petition and petition on tenant by attaching it to the apartment door and mailing tenant a copy at the apartment address. Tenant claimed this was improper service. Landlord claimed it had no forwarding address for tenant. The court ruled for tenant and dismissed the case. Landlord knew or should have known that the apartment was uninhabitable. So even though the process server made several attempts to personally serve tenant at the apartment address, these attempts were futile. There was no reasonable expectation that tenant would be at the apartment under the circumstances.

Carleton Hudson Hills, Inc. v. Johnson: NYLJ, p. 26, col. 4 (8/30/95) (City Ct. Yonkers; Nocca, J)