When its landlord filed a nonpayment case, SHS Baisley, LLC, alleged improper service, a partial eviction, and, that there had been a real-estate tax-calculation error.
Finding Baisley's arguments unpersuasive, the Queens County Civil Court awarded the owner--Res Land, Inc.--a money judgment in the amount of $92,631.45, together with a judgment of possession.
Because the process servicer's ability to enter the tenant's space had been impeded, the Appellate Term, Second Department, thought the posting of the papers on the property's fence was an appropriate service method.
It didn't buy the tenant's partial eviction argument, because the lease didn't afford the tenant exclusive use of the common areas in dispute nor had there been a "substantial or prolonged blockage of access" to the premises.
And, finally, since SHS also couldn't support its argument that there had been a tax-related error, that claim also went by the wayside.
Was that indefensible?
To view a copy of the Appellate Term's decision, please use this link: Res Land, Inc. v. SHS Baisley, LLC