Recycling Violation Not Properly Delivered

DOS issued a violation notice to landlord for not placing recyclables in proper containers. The violation was posted at the building and mailed to landlord at 11 E. 4th St. This wasn't the building's address, and landlord claimed that it had no relationship to the mailing address. DOS claimed that the address was contained in its records as an address for landlord. Landlord asked ECB to dismiss the case because it wasn't properly delivered. ECB ruled against landlord, and landlord appealed. The court also ruled against landlord, finding that landlord had gotten the notice and wasn't harmed by improper service. Landlord appealed again. The appeals court ruled for landlord and dismissed the violation. DOS had the burden of proving proper delivery of the violation notice. DOS didn't show that the mailing address used came from its records, and it didn't matter if landlord got the violation notice when it was delivered to the wrong address.

72A Realty Assocs. v. NYC ECB: NYLJ, 9/5/00, p. 23, col. 5 (App. Div.1 Dept.; Tom, JP, Wallach, Rubin, Saxe, Buckley, JJ)