Landlord Served Papers on Tenant's Teenage Daughter

February 1, 1996

LVT Number: 10377

Landlord sued to evict tenant. Landlord served its notice of termination on tenant's daughter, who was 14 years old at the time. Tenant claimed that the daughter wasn't a proper person to serve the notice on and therefore landlord's notice was defective. Landlord argued that the girl identified herself as tenant's daughter when she answered the apartment door and that she was a person of suitable age and discretion. The court noted that there was no hard-and-fast rule on this issue and ordered that a hearing be held to determine whether the service was proper.

Landlord sued to evict tenant. Landlord served its notice of termination on tenant's daughter, who was 14 years old at the time. Tenant claimed that the daughter wasn't a proper person to serve the notice on and therefore landlord's notice was defective. Landlord argued that the girl identified herself as tenant's daughter when she answered the apartment door and that she was a person of suitable age and discretion. The court noted that there was no hard-and-fast rule on this issue and ordered that a hearing be held to determine whether the service was proper.

41 Lawton St. Corp. v. Guzman: NYLJ, p. 30, col. 5 (1/24/96) (City Ct. New Rochelle; Scher, J)

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