Tenant Didn't Get Court Papers Regarding Landlord's Request for Judgment

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court on Aug. 11, 1997. Landlord later asked the court for a judgment against tenant because tenant didn't pay the back rent, as required by the agreement. Tenant didn't show up at court on the date the judge was to hear landlord's request. Landlord's process server claimed he hand-delivered the request for a judgment to tenant at the apartment on Oct. 14, 1997. But landlord's attorney had stated in court that tenant moved out shortly after Aug. 11. The court held a new hearing to determine whether the request for the judgment had been properly delivered to tenant. Landlord claimed tenant must have been in the apartment on Oct. 14. The process server testified that he served tenant personally on that date, but the building superintendent stated that tenant indeed had moved out in August. The court believed the super and ruled against landlord. The court also referred the case to the Department of Consumer Affairs, which licenses process servers, for review.

Northern Daybreak, L.P. v. Burgos: NYLJ, p. 31, col. 5 (6/10/98) (Civ. Ct. Kings; Finkelstein, J)