Court Papers Not Personally Delivered to Defaulting Tenant
LVT Number: 16228
Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. The court ruled for landlord and gave landlord both a judgment of possession and a money judgment for back rent. Tenant appealed, arguing that landlord shouldn't have received a money judgment. The appeals court ruled for tenant. A judgment of possession against defaulting tenant can be obtained, no matter how the court papers were sent. But since tenant didn't receive the court papers by personal delivery, there can be no money judgment entered on default.
Ressa Family LLC v. Dorfman: NYLJ, 10/9/02, p. 31, col. 6 (Dist. Ct. Nassau; Gartner, J)