Tenant Not Properly Served with Court Papers

Landlord sued to evict mother and daughter co-tenants. The daughter was personally served with court papers. She and her husband appeared in court and signed a stipulation consenting to final judgment in landlord's favor. Final judgment for back rent of $9,000 was entered against both tenants. The mother later asked the court to vacate the money judgment against her. She claimed she hadn't been served with any papers, didn't know about the proceeding, and hadn't authorized her son-in-law to sign any stipulation on her behalf. She had also moved out of the apartment in 1992 and was no longer a tenant. The court ruled in the mother's favor. Landlord had no proof that the mother was ever served with court papers, and there was no proof that tenant's husband was authorized to sign the stipulation on the mother's behalf.

B.N. Realty Assocs. v. Brummer: NYLJ, p. 28, col. 4 (5/29/96) (Civ. Ct. Bronx; Fiorella, J)