Legal Question in Landlord & Tenant Law in New York

Hi, i'm a new landlord with tenants who are 6 months behind on the rent (long story).

My question involves "conspicuous place service" of non-payment petition and notice of petition.

The NY law specifies that papers must be served no more than 12 days before, and no less than

5 days before the court date. In conspicuous place service, when are the papers deemed to

be "served"? Is it the date of the postmark on the mailed copy of papers? Or must the respondant

actually pick up the mail and sign for the certified copy? I want to comply properly with the

correct timing of the service ( a friend will be serving the papers). thanks, jon


Asked on 10/26/11, 4:13 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

My strong, strong suggestion is to have a licensed process server deliver the papers. There is more to it then you think. However, if you insist on doing it yourself, service would be the date the papers are delivered and mailed and not received.

Mike.

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Answered on 10/26/11, 5:06 am


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