Case Type
Other
Court
Appellate Division, First Department
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
25292/15
Slip Opinion Number
2024 NY Slip Op 01269
Petitioner
Jimmy Casanova
Respondent
Maria Lopez, City of New York
Judge
Danziger, Mitchell J.
Decision/Order Date
2024-03-12
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court affirmed the dismissal of the landlord's action against the tenant for lack of personal jurisdiction and vacated the default judgment. The landlord failed to prove effective service under CPLR 308(4) by a preponderance of evidence. The process server did not exercise due diligence in determining if the address was the tenant's dwelling or place of business before resorting to nail and mail service after being told the tenant did not live there. The court rejected the landlord's claim that it was the tenant's place of business, finding the process server did not show personal service could not be made with due diligence even if so.
Recommended Citation
"Comeau v. Lopez" (2024). All Decisions. 1399.
https://ir.lawnet.fordham.edu/housing_court_all/1399
