Violation Notices Properly Delivered

The Fire Department issued several violation notices to landlord. Landlord never responded to the notices, and the ALJ issued an order against landlord. Landlord appealed. ECB ruled against landlord, and landlord brought a court case, claiming that ECB's ruling was arbitrary and unreasonable. Landlord claimed that the notices were delivered to someone who wasn't its employee at the building. The court and appeals court ruled against landlord. It didn't matter whether the person to whom the violation notices were delivered was landlord's direct employee or an employee of landlord's managing agent. That employee was still someone ''employed by'' landlord.

Langsam Property Services Corp. v. McCarthy: NYLJ, p. 26, col. 1 (5/20/99) (App. Div. 1 Dept.; Ellerin, PJ, Sullivan, Wallach, Rubin, JJ)