Hearing on Delivery of Papers Required

LVT Number: 18003

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to reconsider. She claimed that she didn't get the court papers. The court ordered a hearing on whether landlord's process server delivered the papers. On the day of the hearing, the process server came to court. The court didn't get to the case in the morning and told landlord to come back at 3:15 pm. The process server had to make another court appearance in the afternoon, and landlord's attorney requested a short delay.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to reconsider. She claimed that she didn't get the court papers. The court ordered a hearing on whether landlord's process server delivered the papers. On the day of the hearing, the process server came to court. The court didn't get to the case in the morning and told landlord to come back at 3:15 pm. The process server had to make another court appearance in the afternoon, and landlord's attorney requested a short delay. The court ruled against landlord and dismissed the case. Landlord appealed and won. Tenant admitted that his roommate might have thrown out the mail. Landlord sought only a short delay, and without giving the process server a chance to testify, it was unfair to rule on whether landlord delivered the court papers.

P&J Housing Partners, LLC v. Richere: NYLJ, 3/22/05, p. 27, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)