Tenant Properly Served

July 31, 1994

LVT Number: 8986

Landlord sued tenant for nonpayment of rent. Tenant claimed the court papers weren't served properly. The process server's affidavit stated that he'd made two attempts to serve tenant in person: on a Friday night at 8:09 p.m. and on the following afternoon. The affidavit also stated that the process server had placed a copy of the court papers under tenant's door on Saturday afternoon after no one answered his knock. The process server mailed a copy of the papers on the following Monday, by both certified and regular mail.

Landlord sued tenant for nonpayment of rent. Tenant claimed the court papers weren't served properly. The process server's affidavit stated that he'd made two attempts to serve tenant in person: on a Friday night at 8:09 p.m. and on the following afternoon. The affidavit also stated that the process server had placed a copy of the court papers under tenant's door on Saturday afternoon after no one answered his knock. The process server mailed a copy of the papers on the following Monday, by both certified and regular mail. Tenant claimed he was home at both times and that no one knocked at his door. The court ruled that the process server met all the requirements for proper service. And tenant never denied getting the papers under the door.

Hakim v. Brownstein: NYLJ, p. 29, col. 3 (7/6/94) (Civ. Ct. NY; Payne, J)

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