If a recipient contests receipt of legal papers alleged to have served on them, you better be prepared to present testimony as to your efforts to effect service, or your case will be dismissed.
In Forty Central Park South v. Kiss , the tenant denied receipt of the pleadings in a summary proceeding. After the court held a "traverse" -- a hearing to determine whether or not the recipient was properly served with the papers in question -- a Housing Court Judge of the New York County Civil Court dismissed the case.
Apparently, the judge believed the tenant's testimony that she had not received copies of the Notice of Petition and Petition by mail. And, for some undisclosed reason, the landlord's attorney failed to produce a witness -- or other evidence, like mailing receipts -- which would have established that the papers had been mailed to the tenant as statutorily required.
Faced with that record, the Appellate Term, First Department, affirmed the dismissal on appeal.
We're sure there were no smooches for the landlord's attorney after that outcome. But was it the kiss of death?
For a copy of the Appellate Term's decision, please use this link: Forty Central Park South v. Kiss