Court Finds Process Server’s Signatures Inconsistent

Landlord sued to evict two tenants for nonpayment of rent, then sought default judgments when tenants failed to respond. The court ruled against landlord. Affidavits of service indicated that a licensed process server delivered the rent demands and petitions, but the signature on the affidavits of service for the rent demands was different from the signature on the affidavits for the petitions. The court found that this discrepancy created a question regarding the sufficiency of service. The process server testified that he signed all four documents and that he was always standing and in a rush when he signed service affidavits. But the difference in the signatures was so stark that the court concluded the signatures weren’t all the process server’s signatures.

Hobbs Ciena Assoc., LP v. Jimenez: Index No. 74011/16, NYLJ NO. 1202780068636 (Civ. Ct. NY; 1/31/17; Weisberg, J)