Violation Notice Improperly Served

LVT Number: 9126

The Fire Department issued landlord a violation notice by giving it to the building super. Landlord argued that service was defective, claiming that the inspector didn't try to find someone else who was authorized to accept service for the landlord's corporation before serving the super. The ALJ ruled that serving the super was okay, and landlord appealed. ECB ruled for landlord. The Fire Department didn't properly serve the violation on landlord.

The Fire Department issued landlord a violation notice by giving it to the building super. Landlord argued that service was defective, claiming that the inspector didn't try to find someone else who was authorized to accept service for the landlord's corporation before serving the super. The ALJ ruled that serving the super was okay, and landlord appealed. ECB ruled for landlord. The Fire Department didn't properly serve the violation on landlord. Before serving the violation notice to landlord's employee at the building, it must first try to deliver the violation to someone authorized by landlord to accept service.

City of New York v. David Bradley Management, Inc.: ECB App. No. 19068 (4/27/94) [2-page document]

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