Process Server Made Sufficient Attempt to Deliver Papers

May 31, 2008

LVT Number: #20453

Landlord sued to evict tenant. Tenant claimed that landlord didn't properly deliver court papers and asked the court to dismiss the case. After a traverse hearing, the court ruled against tenant. Tenant appealed and lost. The trial court held a hearing and believed the testimony of landlord's process server. He stated that he made two attempts at personal delivery before "conspicuous place" service of the papers at tenant's apartment. One attempt was made outside of normal working hours and at a time when he could reasonably expect someone to be home at tenant's apartment.

Landlord sued to evict tenant. Tenant claimed that landlord didn't properly deliver court papers and asked the court to dismiss the case. After a traverse hearing, the court ruled against tenant. Tenant appealed and lost. The trial court held a hearing and believed the testimony of landlord's process server. He stated that he made two attempts at personal delivery before "conspicuous place" service of the papers at tenant's apartment. One attempt was made outside of normal working hours and at a time when he could reasonably expect someone to be home at tenant's apartment.

SBS Owners, Inc. v. Kelly: NYLJ, 5/13/08, p. 33, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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