Judge Ellen Yacknin

Landlord sued tenant for an immediate warrant of eviction and money judgment in this summary rent nonpayment action. Tenant did not answer or appear and the court granted landlord's motion for a warrant of eviction, holding it was not entitled to a default money judgment as tenant was not personally served with the notice of petition and petition. The order was reversed, and remanded as a lack of personal service in a summary nonpayment proceeding did not preclude entry of a default money judgment. The court stated to obtain a money judgment against a defaulting tenant after nail and mail service, a landlord's prior attempts to personally serve process must be more extensive than those required to obtain possession of the premises as landlord must have exercised due diligence in prior attempts at personal service. it found the process server's affidavit was devoid of any indication he made inquiries of tenant's work place, and the two attempts to serve her at home were insufficient. Thus, landlord's failure to sufficiently attempt to personally serve tenant before using conspicuous service deprived the court of jurisdiction to enter a default money judgment against her. Hence, landlord's request for same was denied.

Judge Ellen Yacknin