Landlord Didn't Properly Present Process Server's GPS Records

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant claimed that landlord failed to serve the court papers properly and therefore the court had no jurisdiction over her. The court held a traverse hearing and dismissed the case. Landlord's process server testified that he made two attempts at service, one on Dec. 10, 2012, at 7:28 p.m. and another on Dec. 11, 2012, at 11:05 a.m. He said no one responded either time and that he then made conspicuous place service. The process server's testimony was consistent with his logbook and with his affidavit of service.

However, the process server's logbook contained some inconsistent entries. For one thing, it stated that he attempted service in midtown Manhattan six minutes after an attempted service on Wall Street. This didn't seem physically possible. Tenant also testified and gave a detailed account of being at home on the dates and times that delivery was supposedly attempted. Although tenant ultimately received the court papers, the issue is whether they were properly delivered. Landlord pointed out that the process server's GPS records showed that he was actually at the building at the times claimed. The GPS requirement is relatively new under the law, and landlord didn't present testimony by the independent party that must maintain these records. The process server himself can't present this proof. The case was dismissed without prejudice. Landlord could recommence the proceeding with proper service.

505 West 143rd Street HDFC v. Coppedge: Index No. 090627/2012, NYLJ NO. 1202620088002 (Civ. Ct. NY; 9/24/13; Stoller, J)