Individual must be served for suit against unincorporated church
An eviction proceeding filed against an unincorporated church has been dismissed by a New York trial court because state law requires service of the petition on a representative individual and not merely on the unincorporated association. A process server for the landlord could not find anyone at the church on three separate occasions and ultimately affixed a copy of the petition on the front door. Later, the server mailed a copy to the church by first class and by certified mail. Despite the fact that nobody from the church showed up at a hearing, the court said the case could not proceed. An unincorporated church is generally subject to the same rights and liabilities as an unincorporated...
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