Petitions Not Served Properly

April 30, 1995

LVT Number: 9672

Landlord sued to evict nine squatters. Landlord claimed it was unable to get into the building to serve the eviction notices and petitions. The court gave landlord permission under Civil Practice Law and Rules (CPLR) 308(5) to serve the notices by attaching copies to the building entrance door and a roll-down gate next to the door and by inserting another copy through the mail slot of the door. Occupants claimed this was improper. The court ruled against occupants and they appealed. The appeals court reversed and ruled for occupants.

Landlord sued to evict nine squatters. Landlord claimed it was unable to get into the building to serve the eviction notices and petitions. The court gave landlord permission under Civil Practice Law and Rules (CPLR) 308(5) to serve the notices by attaching copies to the building entrance door and a roll-down gate next to the door and by inserting another copy through the mail slot of the door. Occupants claimed this was improper. The court ruled against occupants and they appealed. The appeals court reversed and ruled for occupants. Service of the notices and petitions was governed by Real Property Actions and Proceedings Law (RPAPL) Section 735, which has no provision for ''court-ordered service.'' The court mistakenly added a method of service not authorized by the RPAPL. Landlord's petitions were dismissed.

City of New York v. Clark: NYLJ, p. 25, col. 2 (4/4/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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