Court Papers Affixed to Building Entrance

Facts: Landlord sued to evict tenants. The court ruled for landlord based on tenants' default. Tenants later asked the court to vacate the default judgment. They claimed the first notice they received was a 72-hour eviction notice found in the building's garbage. A hearing was held to determine if and how the court papers had been sent. Landlord's process server had affixed the petition to the building's entrance door rather than the apartment door. Court: Tenants win. Although the process server first rang bells and waited outside for a long time, resort to conspicuous place service was improper in this case since prior dismissed cases showed that no one was likely to answer using this method. Also, even if conspicuous place service was proper in this case, the outside door wasn't the proper place to post the petition.

Citibank NA v. Mendelsohn: NYLJ, p. 30, col. 3 (11/12/97) (Civ. Ct. Kings; Wendt, J)