Wayside Homes, Inc. v. Upton

The landlord, in this summary proceeding seeks possession of real property occupied by the tenant respondent because of nonpayment of four months ’ rent. He also seeks a judgment for the rent in arrears. A problem arises because service on the respondent has been made by substituted service under section 735 of the Real Property Actions and Proceedings Law.

The affidavit of service states that the process server “was unable to serve Robert F. Upton, Jr., respondent by personal delivery and that service was made by leaving a copy of the notice of petition and petition with a person of suitable…