Palumbo v. Estate of Clark

OPINION OF THE COURT

Herbert Shapiro, J.

The question presented in this case appears to be a rather novel one and one not yet directly addressed in the decisional law. What burden must a party bringing on a summary proceeding to recover possession of real property sustain before he may employ the "conspicuous place” (nail and mail) method of service set forth in section 735 of the Real Property Actions and Proceedings Law?

According to the testimony of the landlord’s process server, it appears that on January 30, 1078, the process server visited the subject premises — a bar and grill — at about…