P&J Housing Partners LLC v. Richere

OPINION OF THE COURT

Order entered on or about July 16, 2003 reversed, without costs, and the matter is remanded to Civil Court for further proceedings consistent with this decision.

The transcript of the traverse hearing indicates that the process server hired by landlord in connection with the underlying nonpayment proceeding arrived promptly and remained in the courtroom until the lunch recess, but was not present when the case was first called at approximately 3:15 p.m.; that the process server (Cahill) informed landlord’s counsel at some point that morning that he (Cahill) would have to…