HOW INCONSPICUOUS WAS THIS?

In ZOT, LLC v. Crown Associates, Inc., ZOT brought a nonpayment of rent case against its commercial tenant, Crown Associates.

Although ZOT supposedly served the pleadings by posting them at the space, Crown failed to appear on the scheduled hearing date, a default judgment was entered, and the tenant was ultimately evicted.

When Crown later sought to get back into its space, it alleged defective service of the underlying court papers. Although ZOT knew Crown's restaurant was closed -- because of a kitchen ceiling collapse -- ZOT affixed the legal papers to the premises' outer gate.

After the Kings County Civil Court denied Crown's request, the tenant appealed to the Appellate Term, Second Department.

The AT2 thought ZOT failed to make a "reasonable application" before resorting to "nail and mail," or conspicuous-place service, and that the tenant's request to vacate the underlying judgment and to be restored to possession should have been granted.

A jewel for that Crown? To download a copy of the Appellate Term's decision, please use this link: ZOT, LLC v. Crown Associates, Inc.