Court Papers Left with Independent Contractor Working in Tenant's Apartment
LVT Number: 16187
Facts: Landlord sued to evict tenant. Landlord's process server delivered the court papers at tenant's apartment by giving them to an independent contractor who was packing boxes in the apartment. The person said she would deliver the papers to tenant. Tenant claimed that the papers were improperly delivered because the independent contractor wasn't a person of ''suitable age and discretion'' for purposes of the law regarding court paper delivery. Tenant asked the court to dismiss the case.
Court: Tenant loses. The papers were delivered properly. Tenant's independent contractor was a person of suitable age and discretion employed at the premises.
West Chelsea Building LLC v. Steir: NYLJ, 10/30/02, p. 19, col. 4 (Civ. Ct. NY; Edmead, J)