Landlord-Tenant—Service Defective—Landlord Knew Tenants Were in Africa—New York and Federal Courts Authorized Email Service of Process as Appropriate Alternative When Statutory Methods are Ineffective

A landlord had commenced a nonpayment proceeding. The tenant had allegedly failed to pay rent between the months of January through March 2016. An affidavit of service stated that the tenant had been served by “conspicuous-placed service and mailing to the subject premises.” The tenant did not appear on the return date and a default judgment was entered against her, awarding the landlord possession and approximately $7,600 dollars in rent. The tenant and her husband were then evicted pursuant to the final judgment.