Landlord Proves Court Papers Were Properly Served

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant claimed that landlord's court papers weren't properly served and that therefore the case should be dismissed. Specifically, tenant claimed that no copy of the court papers was affixed to his loft apartment door despite the process server's claim of conspicuous place service.

The court ruled against tenant after conducting a traverse hearing. The court found the process server's testimony credible. The process server explained in detail that he affixed the papers to the elevator entrance door to the apartment, and accurately described the building's front door, the light in the elevator, the size of the elevator, the distance between the front door of the building and the elevator, and the fact that once the elevator reached the second floor, the door opened directly into the apartment entrance without any other surroundings other than a door frame. The process server also described in detail the manner in which he demarcates the date and time of service in his worksheet, logbook, and affidavit of service. Minor inconsistencies in the process server's testimony, pointed out by tenant's attorney, didn't detract from his credible testimony. And, while the elevator entrance wasn't the front door to the apartment, it was one of two methods of access to the loft apartment. The stairwell leading to the other entrance door to the unit wasn't readily observed in the building lobby. Tenant didn't call any witnesses to establish that the stairwell entrance, rather than the elevator entrance, was the entrance he used to gain access to the apartment. 

Manhattan Realty Company, LP v. Goldman: Index No. 72943/2017, 2018 NY Slip Op 51372(U) (Civ. Ct. NY; 9/20/18; Capell, J)