Tenant's Nail-and-Mail Delivery to Roommate Is Proper

August 31, 2006

LVT Number: 19077

Tenant sued his roommate for personal injuries arising from a car accident. The roommate asked the court to dismiss the case, claiming improper delivery of court papers. The court ruled against the roommate. Tenant's process server stated that he'd made four attempts to personally deliver the papers on various days and times before leaving a copy at the apartment and mailing another copy. So tenant had made a proper attempt at personal delivery. The fact that the roommate lived with tenant didn't mean tenant had to do more to deliver papers than was required by law.

Tenant sued his roommate for personal injuries arising from a car accident. The roommate asked the court to dismiss the case, claiming improper delivery of court papers. The court ruled against the roommate. Tenant's process server stated that he'd made four attempts to personally deliver the papers on various days and times before leaving a copy at the apartment and mailing another copy. So tenant had made a proper attempt at personal delivery. The fact that the roommate lived with tenant didn't mean tenant had to do more to deliver papers than was required by law.

Lopez v. Menendez: NYLJ, 8/23/06, p. 22, col. 3 (Sup. Ct. Bronx; Guzman, J)

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