Affidavit of Service Stated Incorrect Mailing Date

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) The DOH issued a violation notice to landlord. Landlord asked the ECB to dismiss the violation because the affidavit of service was defective. The ECB ruled for landlord. The affidavit of service stated that the violation notice was mailed to landlord on Aug. 30, 2005. But the notice was actually mailed to landlord on Sept. 2, 2005. Since the affidavit of service didn't properly state the mailing date of the violation notice, it was defective and had to be dismissed.

Frant Hotel, LLC: ECB Viol. No. 991-1621 (12/9/05) [2-pg. doc.]