Philadelphia Skyline

Madison Third Building Companies v. Fox Hall Realty Law Office, Inc.

(Civ. Ct. N.Y. Cty. 4/6/04)

Subtenant's motion to dismiss for defective service was denied. Respondent-Overtenant was in the business of subleasing office space. Upon the commencement of this action, Landlord served the front desk receptionist of the Overtenant. The front desk receptionist told Landlord's process server that she was authorized to accept service on behalf of the Subtenants. The Court held that the overtenant had a strong incentive to pass the papers along to the subtenants, and since there were no allegations that the papers were in fact never received, service was proper. Link to Full Text of Decision

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