Petition Improperly Served on Visitor to Apartment
LVT Number: 8074
(Decision submitted by Manhattan attorney Joel A. Silberman, who represented the tenant.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed the court papers weren't properly served. The process server gave the papers to a man who answered the door of the apartment at 6:40 a.m., wearing a bathrobe and pajamas. The process server assumed that this man lived in the apartment and was therefore an appropriate person to serve. But the man served was merely an overnight guest at tenant's apartment. Real Property Actions and Proceedings Law section 735 requires that the person served live or be employed at the apartment. Service on an out-of-town visitor was improper. Landlord's petition was dismissed.
Romford Realty v. Ismirly: L&T Index No. 67401/93 (5/26/93) (Civ. Ct. NY; Grayshaw, J) [3-page document]