Landlord Can't Amend Affidavit of Service

(Decision submitted by Manhattan attorney Michael K. Brown, who represented the tenant.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. The window period for sending the notice of nonrenewal in this case was between March 3, 1999, and April 2, 1999. Landlord's affidavit of service stated that the notice was mailed to tenant on June 15, 1999. Tenant asked the court to dismiss the case because the nonrenewal notice was late. Landlord claimed that this was a mistake and asked for permission to amend its affidavit of service. The court ruled against landlord. Generally, an affidavit of service can be amended. But landlord hadn't provided a clear explanation of its error and was seeking at this point to reconstruct when it mailed the nonrenewal notice by referring to other records, such as a proof of mailing. And the new affidavit stating that the mailing was done during the window period was made six months after the mailing supposedly took place.

Metropolitan Life Ins. Co. v. Kern: Index No. 100768/99 (Civ. Ct. NY 3/30/00; Rodriguez, J) [6-pg. doc.]