Process Server Didn't Show Due Diligence Used Before Nail-and-Mail Service

Landlord sued to evict tenant for nonpayment of rent. Landlord sought a default judgment when tenant failed to appear or answer the petition. The court ruled against landlord. Under the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA), requirements for proving that landlord's petition had been served were now more stringent. And landlord's process server failed to prove that sufficient attempts at service were made. CEEFPA imposed a due diligence standard before allowing service of process to be made other than by personal delivery. Landlord's process server made three attempts before performing nail-and-mail service. But there was no claim that the process server made any inquiries into tenant's whereabouts or place of employment before resorting to nail-and-mail service. And all attempts at service were made on weekdays. No default judgment was granted.

Bel Air Leasing LP v. Johnston: Index No. 302355/21, 2021 NY Slip Op 21299, NYLJ No. 16376712175 (Civ. Ct. Kings; 11/8/21; Weisberg, J)