Landlord Served Tenant's Employee with Court Papers

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant. Tenant claimed that landlord's petition was improperly served. The court ordered a hearing to determine if service was proper. Landlord's process server testified that a woman who identified herself as an individual tenant accepted the court papers. Tenant then testified that she wasn't there when the papers were served, but acknowledged that the other women who worked for her were there. The court ruled against tenant. It didn't matter whether the person who identified herself was actually the named tenant because service was made on an employee at the premises.

40-13 Main St. Flushing, Inc. v. Tien: Index No. 73863/97 (7/29/97) (Civ. Ct. Queens; Goldstein, J) [2-page document]