Court Papers Properly Delivered

September 30, 2003

LVT Number: 16896

Landlord sued to evict tenants. Tenants claimed that court papers were delivered to them improperly. The court ruled against tenants. Tenants appealed and lost. Landlord's process server delivered the papers to tenants' 13-year-old daughter at the apartment. A 13-year-old can be capable of accepting court papers. Tenants' daughter was ''a person of suitable age and discretion.''

Landlord sued to evict tenants. Tenants claimed that court papers were delivered to them improperly. The court ruled against tenants. Tenants appealed and lost. Landlord's process server delivered the papers to tenants' 13-year-old daughter at the apartment. A 13-year-old can be capable of accepting court papers. Tenants' daughter was ''a person of suitable age and discretion.''

Village of Nyack Hous. Auth. v. Scott: NYLJ, 9/2/03, p. 25, col. 1 (App. T. 2 Dept.; Doyle, PJ, Lifson, Rudolph, JJ)

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