Landlord Can't Notarize Affidavit of Service

September 30, 1998

LVT Number: 12716

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. Tenant questioned whether landlord's petition was properly sent. The court noted that landlord had improperly notarized his process server's affidavit of service of the notice of petition and petition. In general, a notary public shouldn't notarize a signature if he has an interest in the outcome of a proceeding for which the signature was given.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. Tenant questioned whether landlord's petition was properly sent. The court noted that landlord had improperly notarized his process server's affidavit of service of the notice of petition and petition. In general, a notary public shouldn't notarize a signature if he has an interest in the outcome of a proceeding for which the signature was given. So landlord's notarization of the affidavit of service was invalid and the case must be dismissed.

Sumkin v. Hammonds: NYLJ, p. 27, col. 2 (9/2/98) (Dist. Ct. Nassau; Gewanter, J)

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