Fire Department Didn't Prove Proper Service

The Fire Department issued landlord a violation notice, and served it on a person of ''suitable age and discretion'' at landlord's office. The affidavit of service identified who was served with the papers as a woman, between 5'4'' and 5'8'' tall. Landlord claimed that the violation notice wasn't properly served, pointing out that the person named in the affidavit of service is the building's male super, who is over 6' tall. But the ALJ found that service was proper because the description might have fit the super's wife. Landlord appealed, and won. Landlord proved that the super's wife hadn't been served with the violation notice. And, since the description in the affidavit didn't match anyone, the violation notice was defective.

City of New York v. Kurz: ECB App. No. 19072 (8/10/94) [2-page document]