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).

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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)