Delivery of Court Papers to 'Jane Doe' Was Proper Service

October 31, 2008

LVT Number: #20808

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord didn't properly deliver the court petition and asked the court to dismiss the case. The court ruled against tenant after a hearing. Tenant appealed and lost. The petition named tenant and "Jane Doe" as respondents. Landlord's process server testified that he delivered copies of the petition for tenant and "Jane Doe" to an occupant named Boland at the apartment, and mailed copies as required by law. The lower court believed the process server's testimony.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord didn't properly deliver the court petition and asked the court to dismiss the case. The court ruled against tenant after a hearing. Tenant appealed and lost. The petition named tenant and "Jane Doe" as respondents. Landlord's process server testified that he delivered copies of the petition for tenant and "Jane Doe" to an occupant named Boland at the apartment, and mailed copies as required by law. The lower court believed the process server's testimony. The court also believed that landlord didn't know Boland's name before starting the case. Therefore, it was sufficient to name her as "Jane Doe" in the court papers.

1855 7th Ave. Coop, HDFC v. Scott: NYLJ, 10/27/08, p. 28, col. 6 (App. T. 1 Dept.; Davis, JP, Schoenfeld, Heitler, JJ)

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