Landlord Wasn't Properly Notified of Proceeding

Facts: HPD sued landlord to make building repairs. Landlord didn't appear in court. After an inquest, the court ruled for HPD. HPD was awarded $24,000 in fines, and landlord was ordered to correct serious heat and hot water violations. Two months later, the court issued an order to show cause seeking to punish landlord for not complying with the repair order. Landlord didn't appear in court in response to this order either. The court ruled that landlord was in contempt of court. Landlord was arrested and was about to be put in jail for ten days. Landlord claimed he hadn't gotten notice of any of the prior proceedings. Court: Landlord wins. The process server for the court's order to show cause couldn't describe the type of papers supposedly served on landlord. More importantly, the court found that HPD's original petition wasn't served on landlord. The process server claimed he'd made at least two attempts to serve landlord personally at his office on weekday afternoons and that no one was there. Landlord stated that his office was open seven days a week and that a number of people worked there. The court believed landlord and didn't believe the process server had made any attempt at service. The case was dismissed.

Dept. of Housing Preservation and Development of the City of New York v. Narain: NYLJ, p. 23, col. 4 (12/15/93) (Civ. Ct. Bronx; Turner, J)