Service on Tenant's Mother Improper

June 30, 1993

LVT Number: 8009

Landlord sued to evict tenant. Tenant claimed that service of landlord's notice to quit was improper, and the court agreed. Landlord's process server gave the notice to tenant's mother, at apartment #7, where tenant's mother lived. Tenant lived in apartment #10, and it was apartment #10 that landlord sought to recover. Landlord claimed that this was a harmless error. But Real Property Actions and Proceedings Law section 735 requires service to be made to either tenant or someone who lives in or is employed at the apartment that's sought to be recovered.

Landlord sued to evict tenant. Tenant claimed that service of landlord's notice to quit was improper, and the court agreed. Landlord's process server gave the notice to tenant's mother, at apartment #7, where tenant's mother lived. Tenant lived in apartment #10, and it was apartment #10 that landlord sought to recover. Landlord claimed that this was a harmless error. But Real Property Actions and Proceedings Law section 735 requires service to be made to either tenant or someone who lives in or is employed at the apartment that's sought to be recovered. Tenant's mother didn't live with, or work for, her, and landlord knew this. Landlord's petition was dismissed.

City of New York v. Coelho: NYLJ, p. 23, col. 4 (6/30/93) (Civ. Ct. Bronx; Callender, J)

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