Landlord Gets Money Judgment

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord sent his rent demand notice to tenant by conspicuous place service (i.e., by leaving the court papers in a ''conspicuous'' place nearby tenant's apartment and also mailing a copy to tenant) after making more than the required number of attempts at personal service. Landlord then went to State Supreme Court to get an order directing tenant to appear for the nonpayment case and permitting service of that order by conspicuous place service. Landlord claimed that tenant was purposely avoiding service. Tenant still didn't appear in court for the nonpayment case. The court awarded landlord a judgment of possession. But landlord also asked the court to award a money judgment. Court: Landlord wins. Usually, if tenant doesn't appear in a nonpayment case and wasn't personally given the court papers, courts will only award possession. But, in this case, landlord showed due diligence in attempting to personally deliver the court papers to tenant.

Fleming v. Flanagan: NYLJ, p. 30, col. 2 (11/4/98) (Justice Ct. Ramapo; Belson, J)