Corporate Tenant Not Properly Served

LVT Number: 10038

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant, a mental health care corporation, claimed improper service of landlord's papers. Tenant rented the apartment for its mentally impaired client. Landlord knew tenant's corporate address. But landlord served its papers by mail to tenant at the apartment. This service clearly wasn't designed to give tenant actual notice of the proceedings.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant, a mental health care corporation, claimed improper service of landlord's papers. Tenant rented the apartment for its mentally impaired client. Landlord knew tenant's corporate address. But landlord served its papers by mail to tenant at the apartment. This service clearly wasn't designed to give tenant actual notice of the proceedings.

E.O.R. Five of New York v. Fountain House, Inc.: NYLJ, p. 26, col. 1 (9/22/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)