Process Server Didn't Attempt Service After Business Hours

(Decision submitted by Samuel J. Himmel-stein of the Manhattan law firm of Himmel-stein, McConnell & Gribben, attorneys for the tenant.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed improper service of landlord's petition. The court ruled for tenant and dismissed the case. Landlord's process server had attempted service only at 9:15 a.m. and 6:00 p.m. Landlord claimed that tenant was retired, so service didn't need to be made after business hours. But landlord had no proof that tenant was retired and tenant in fact worked during the day. Unless a process server has good reason to believe tenant will be home between 8:00 a.m. and 6:00 p.m., nail and mail service during those hours isn't sufficient. The process server must make attempts outside business hours.

Arlit Flushing Associates v. Schaffel: Index No. 81474/93 (10/15/93) (Civ. Ct. NY; Scott, J) [2-page document]