Court Papers Not Properly Delivered

Landlord sued the daughter of deceased tenant for nonpayment of rent. Tenant's daughter claimed that the court papers had been delivered improperly. Real Property Actions and Proceedings Law Section 711(2) permits landlord to sue a surviving relative for nonpayment three months after a tenant dies without a will, even if the relative had no landlord-tenant relationship with landlord, wasn't living in the apartment, and wasn't claiming any rights to the apartment. Landlord had delivered the court papers to tenant's daughter by leaving a copy of them at the tenant's apartment. But tenant's daughter lived in a nursing home. The court ruled that this delivery wasn't sufficient. Landlord should have attempted personal delivery at the daughter's actual address at the nursing home, since it was known, or should have been known to landlord.

Mattioli v. Caso: NYLJ, p. 30, col. 4 (3/10/99) (Civ. Ct. Kings; Hoahng, J)