Kahn v. Sosin

OPINION OF THE COURT

Jacqueline W. Silbermann, J.

The question this court is called upon to decide is "What is the meaning of the word 'resides’ in the context of RPAPL 735 [1]?”

RPAPL 735 (1) provides in pertinent part that: "Service of the notice of petition and petition shall be made * * * by delivering to and leaving personally with a person of suitable age and discretion who resides or is employed at the property sought to be recovered, a copy of the notice of petition and petition” (emphasis supplied).

The facts in this case are not in dispute.

The process server’s affidavit states that the…