Landlord Gets Money Judgment in Eviction Proceeding

Landlord sued to evict tenant for nonpayment of rent in Yorktown Justice Court, Westchester County. The court ruled for landlord based on tenant's failure to appear in court. But the court gave landlord a judgment of possession only. Landlord had also requested a money judgment for the back rent owed, but the court refused to grant this relief because the court papers weren't personally delivered to tenant. Landlord appealed and won. Landlord can get a money judgment even if the court papers weren't personally delivered to tenant, as long as landlord and its process server used "due diligence" sufficient to comply with the rules of Civil Practice Laws and Rules Section 308 for delivery of court papers in a plenary action for money only. The case was sent back to the lower court for entry of a money judgment for $5,400 against tenant in landlord's favor.

Avgush v. Berrahu: NYLJ, 11/2/07, p. 38, col. 2 (App. T. 2 Dept.; Rudolph, PJ, Emerson, LaCava, JJ)