Process Server Didn't Follow Rules

Landlord sued to evict tenant. Tenant claimed that landlord's petition was improperly served. The court held a hearing and ruled for tenant after finding the process server's testimony completely inconsistent and contradictory. The process server's log book didn't provide the information required by the General Business Law and the rules issued by the Department of Consumer Affairs. The log book didn't indicate the date or times of various service attempts, and no distinction had been made between the first visit and the second visit, if there was one. The log book also didn't indicate the color of the door, a description of the house or hallways, the color of the steps or entrance door, or any other such information. The pages in the log book weren't kept in chronological order or paginated properly. The log book also didn't indicate when conspicuous place service was made; how, when, and where the papers were affixed; or when affidavits of service were filed with the court. There was also no record of certified mail receipt numbers. Given the process server's complete disregard of the rules, landlord's petition was dismissed.

Leander v. Burnett: NYLJ, p. 33, col. 5 (12/3/97) (Civ. Ct. Kings; Calender, J)