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When Service Is Made on a Co-tenant's Employee
A recent New York appellate decision addressed the issue of whether suitable age and discretion service could properly be made on one corporate respondent tenant by serving an employee of another corporate respondent tenant. SYZ Holdings, LLC v. The Brecht Forum Inc., NYLJ, Dec. 21, 2010, p. 30, col. 5, 2010 WL 5058362, 2010 N.Y. Slip Op. 20494 (App. T. 2nd, 11th and 13th Jud. Dists.) Though it is a New York case, it demonstrates the kind of details concerning service of process that practitioners often need to consider in handling summary proceedings.
The Case
In SYZ Holdings, the landlord brought a commercial non-payment proceeding in Civil Court, Richmond County, against The Brecht Forum Inc. (Brecht) and Concerned Citizens for Family Preservation Inc. (Concerned Citizens). Service on these respondents was effected by leaving two copies of the notice of petition and petition with “Ms. Campbell,” a Concerned Citizens employee, and then by mailings. The mailings for Brecht were sent to the premises and to the address for Brecht set forth in the lease, with the latter mailing returned as undeliverable.
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