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Individual must be served for suit against unincorporated church

Individual must be served for suit against unincorporated church

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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