WAYSIDE HOMES v. UPTON


40 Misc.2d 1087 (1963)

Wayside Homes, Inc., Landlord, v. Robert F. Upton, Jr., Tenant.

District Court of Nassau County, First District.

November 29, 1963


Attorney(s) appearing for the Case

Robert S. Forman for landlord.


PHILIP B. HELLER, J.

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...

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