IT WAS UNDISPUTED THAT NOTICE WAS LEFT WITH AN EMPLOYEE
After the Bronx County Civil Court denied a tenant’s application to dismiss a holdover proceeding, (based upon the allegedly improper service of a termination notice), the tenant appealed.
Since it was uncontroverted that the tenant’s employee received a copy of the notice, the Appellate Term, First Department, concluded that substituted service, (as authorized by state law, RPAPL 735(1)), had been properly effected.
Since the tenant was unable to competently “rebut the presumption of proper service raised by the affidavit of service,” a hearing on the issue was unwarranted, and the denial of the motion was affirmed.
That didn’t serve that tenant well, at all.
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DECISION