Process Server Didn't Have Records Proving Delivery of Court Papers

June 30, 2003

LVT Number: 16662

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed improper delivery of court papers. Landlord's process server testified that he personally delivered the papers to tenant. But tenant disputed this, and the process server admitted that he didn't keep a logbook documenting the delivery to tenant. The court ruled for tenant. State regulations require process servers to bring records of delivery to court when a hearing is scheduled on this issue. Those regulations are strictly enforced.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed improper delivery of court papers. Landlord's process server testified that he personally delivered the papers to tenant. But tenant disputed this, and the process server admitted that he didn't keep a logbook documenting the delivery to tenant. The court ruled for tenant. State regulations require process servers to bring records of delivery to court when a hearing is scheduled on this issue. Those regulations are strictly enforced.

Gimbel Holding Co. v. Rubin: NYLJ, 6/18/03, p. 21, col. 1 (Civ. Ct. Bronx; Salerno, J)

Topics

More like this