Silverman v. BPPT Enterprises – Case Brief Summary (New York)

In Silverman v. BPPT Enterprises, 144 Misc 2d 270, 543 N.Y.S.2d 885 [Nassau Dist Ct 1989], the prime tenant sublet commercial property to two subtenants and a summary proceeding was commenced against the prime tenant.

The process server served an employee of one of the subtenants who agreed to accept process for the prime tenant.

The Court found that the employee was a person employed "at the property sought to be recovered" as provided by RPAPL §735(1) and that the employee acknowledged authority to accept service.

Based on the circumstances, the Court found that the subtenant's employee was a person of suitable age and discretion as provided in RPAPL §735(1) and that service upon the employee of the subtenant conferred jurisdiction over the prime tenant.