Landlord Can't Get Money Judgment Without Personal Delivery of Court Papers to Tenant

April 26, 2016

LVT Number: #26948

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part based on tenant’s failure to appear. Landlord was entitled to a judgment of possession and eviction warrant. But, since landlord didn’t personally serve tenant with the court papers, it couldn’t get a money judgment against the defaulting tenant. The papers had been served only by conspicuous substitute service.

 

 

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part based on tenant’s failure to appear. Landlord was entitled to a judgment of possession and eviction warrant. But, since landlord didn’t personally serve tenant with the court papers, it couldn’t get a money judgment against the defaulting tenant. The papers had been served only by conspicuous substitute service.

 

 
Cornhill LLC v. Sposato: Index No. LT-550-16, 2016 NY Slip Op 26064 (City Ct. Rochester; 3/7/16; Yacknin, J)

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