Eviction Case Dismissed Based on Improper Service of Court Petition

May 24, 2021

LVT Number: #31402

Landlord sued to evict tenant for creating a nuisance through improper conduct. Tenant asked the court to dismiss the case based on improper service of the court papers. Tenant pointed out that landlord's notices were addressed to her in "Richmond Hill" instead of "South Richmond Hill" in Queens. The court agreed with landlord that this didn't matter since the correct ZIP code was included in the address and the Post Office would know where to direct the mail.

Landlord sued to evict tenant for creating a nuisance through improper conduct. Tenant asked the court to dismiss the case based on improper service of the court papers. Tenant pointed out that landlord's notices were addressed to her in "Richmond Hill" instead of "South Richmond Hill" in Queens. The court agreed with landlord that this didn't matter since the correct ZIP code was included in the address and the Post Office would know where to direct the mail. But Real Property Actions and Proceedings Law Section 723 requirements for conspicuous place service weren't satisfied. And since the service was defective, no traverse hearing was required.

Latchman v. Hardnett: 2021 NY Slip Op 50371(U), NYLJ No. 1619551452 (Civ. Ct. Queens; 4/21/21; Jimenez, J)

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