Hearing on Service Not Needed

April 30, 1998

LVT Number: 12307

Landlord sued to evict tenant. Tenant claimed landlord's petition wasn't properly served. The court ordered a hearing on service, and landlord appealed and won. Tenant didn't submit a sworn denial of receipt of landlord's papers. But landlord's process server submitted a sworn statement that he made two earlier attempts at personal service before using an alternative method of service. So there was no basis to hold a service hearing.

Landlord sued to evict tenant. Tenant claimed landlord's petition wasn't properly served. The court ordered a hearing on service, and landlord appealed and won. Tenant didn't submit a sworn denial of receipt of landlord's papers. But landlord's process server submitted a sworn statement that he made two earlier attempts at personal service before using an alternative method of service. So there was no basis to hold a service hearing.

Har Holding Co. v. Feinberg: NYLJ, p. 29, col. 3 (4/2/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

Topics

More like this