Court Papers Delivered to Tenant

LVT Number: 14624

Landlord sued to recover back rent from tenant. Tenant asked the court to dismiss the case, claiming that landlord's court papers weren't properly delivered. The court ruled against tenant. Tenant appealed and lost. Although landlord's process server wasn't available for a court hearing, he submitted a sworn statement that the court papers had been delivered to tenant. And tenant admitted that one copy of the court papers was personally delivered to him. Since tenant received the papers, the court was authorized by law to hear the case.

Landlord sued to recover back rent from tenant. Tenant asked the court to dismiss the case, claiming that landlord's court papers weren't properly delivered. The court ruled against tenant. Tenant appealed and lost. Although landlord's process server wasn't available for a court hearing, he submitted a sworn statement that the court papers had been delivered to tenant. And tenant admitted that one copy of the court papers was personally delivered to him. Since tenant received the papers, the court was authorized by law to hear the case.

Rox Riv 83 Partners v. Ettinger: NYLJ, 11/6/00, p. 33, col. 4 (App. Div.2 Dept.; Sullivan, JP, Miller, H. Miller, Smith, JJ)