Landlord Didn't Prove Proper Service

LVT Number: 9293

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, arguing that service was defective. Landlord claimed that service was proper because the process server had tried three times to find tenant and then used ''nail and mail'' service. The court ruled for tenant. Landlord didn't prove that it had sent tenant a copy of the petition by certified or registered mail.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, arguing that service was defective. Landlord claimed that service was proper because the process server had tried three times to find tenant and then used ''nail and mail'' service. The court ruled for tenant. Landlord didn't prove that it had sent tenant a copy of the petition by certified or registered mail.

Turner v. Shirley: NYLJ, p. 28, col. 3 (11/30/94) (Civ. Ct. Bronx; Thomas, J)