Service on Tenant Was Defective

June 30, 1993

LVT Number: 8004

Landlord sued to evict tenant. Tenant claimed that landlord didn't serve the notice of termination properly, and the court agreed. Landlord's process server went to tenant's apartment on a date and at a time when tenant was in court with landlord on a prior case. This guaranteed that tenant wouldn't be home when personal service was attempted. Even if the process server didn't actually know that tenant was in court, he should have known because landlord and landlord's attorney knew. Landlord's petition was dismissed.

Landlord sued to evict tenant. Tenant claimed that landlord didn't serve the notice of termination properly, and the court agreed. Landlord's process server went to tenant's apartment on a date and at a time when tenant was in court with landlord on a prior case. This guaranteed that tenant wouldn't be home when personal service was attempted. Even if the process server didn't actually know that tenant was in court, he should have known because landlord and landlord's attorney knew. Landlord's petition was dismissed.

Kiss v. Valentin, NYLJ, p. 27, col. 2 (6/9/93) (Civ. Ct. NY; Dankberg, J)

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