Landlord Made Sufficient Attempts to Deliver Court Papers

LVT Number: #30369

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that court papers weren't properly served, and asked the court to dismiss the case. The court ruled against tenant, who appealed and lost. Landlord's process server made attempts at personal service at 8:23 p.m. one evening and at 7:12 a.m. the next day before delivering the notice of petition and petition by conspicuous place service at tenant's apartment. These attempts were a "reasonable application" as required by Real Property and Proceedings Law Section 735(1).

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that court papers weren't properly served, and asked the court to dismiss the case. The court ruled against tenant, who appealed and lost. Landlord's process server made attempts at personal service at 8:23 p.m. one evening and at 7:12 a.m. the next day before delivering the notice of petition and petition by conspicuous place service at tenant's apartment. These attempts were a "reasonable application" as required by Real Property and Proceedings Law Section 735(1). Tenant also claimed that more than three-days' notice was required for landlord's rent demand under the terms of her lease, but failed to provide sufficient information as to whether her lease provided for a lengthier predicate notice than what was required by law at the time the rent demand was served.

Palmer House Owners Corp. v. Duchesneau: 64 Misc.3d 146(A), 2019 NY Slip Op 51348(U) (App. T. 2 Dept.; 8/15/19; Ruderman, JP, Tolbert, Emerson, JJ)