One Attempt by DOB to Personally Deliver Violation Notices Was Sufficient

LVT Number: #28128

Landlord filed an Article 78 court appeal of ECB's decision to uphold seven violation notices issued by DOB. Landlord claimed that the violation notices weren't properly delivered. The court ruled against landlord, who appealed to New York's highest court. The Court of Appeals ruled against landlord.

Landlord filed an Article 78 court appeal of ECB's decision to uphold seven violation notices issued by DOB. Landlord claimed that the violation notices weren't properly delivered. The court ruled against landlord, who appealed to New York's highest court. The Court of Appeals ruled against landlord. The DOB inspector's one attempt to personally serve the violation notices before using the affix-and-mail method to attach the notices to the building and mail copies to landlord satisfied the legal requirement that DOB make a "reasonable attempt" at personal delivery of the violation notices. 

Mestecky v. City of New York: 2017 NY Slip Op 08162, 2017 WL 5557882 (Ct. App. NY; 11/20/17; DiFiore, CJ, Rivera, Stein, Fahey, Garcia, Wilson, Feinman, JJ)