F & P Mgt. Co. v. Bergere

In F & P Mgt. Co. v. Bergere (222 NYS2d 962 [NY City Mun Ct 1961]), a longtime New York City-domiciled tenant went to Paris, France, became ill and did not mail the rent. The tenant claimed building employees had been informed of her visit in order to forward her mail to her, in care of the American Embassy in Paris. The American Consul subsequently wrote the landlord, advising that the rent would be delayed. Conspicuous service of process was made only in New York City, 11 days after the Consul wrote. The Municipal Court, proceeding under section 1421 of the Civil Practice Act (predecessor to RPAPL 735), determined that such service was invalid and restored the tenant to possession of the premises.